text: The director may establish regulations to permit the sale and distribution of food for crab bait and for the feeding of mink and zoo animals under conditions which will conform to the purposes of this chapter but without compliance with such portions thereof which the director finds are unnecessary under any special circumstances involved.

article: 10. Regulations


kind: section

code: FAC

text:
Any person that slaughters any horse, mule, burro, sheep, goats, swine or any other bovine for use as pet food, or who by purchase or otherwise acquires possession of the meat of any horse, mule, burro, swine or bovine, and that sells or otherwise disposes of such meat for use as pet food, or operates a rendering plant shall make and keep for one year a correct record, separate from all other business records, of each such transaction, recorded at the time of the transaction, which shows all of the following:

(a) The quantity of meat, bones, or carcasses acquired or disposed of.

(b) The names and addresses of the parties to the transaction.

(c) The date.

(d) The place to which such meat was shipped or delivered.

(e) The name of the person that made the shipment or delivery.

history: (History: Added by Stats. 1969, Ch. 815.)

division: 9. ANIMALS GENERALLY

part: 3. SLAUGHTERED ANIMALS

chapter: 5. Horsemeat and Pet Food

article: 11. Records

path: 9. ANIMALS GENERALLY > 3. SLAUGHTERED ANIMALS > 5. Horsemeat and Pet Food > 11. Records


text:
This article does not apply to any of the following:

(a) Retail sales of any fresh or processed meat or meat product in a quantity of five pounds or less to any one person.

(b) Any canned or prepackaged meat or meat product in any package of five pounds or less which is conspicuously labeled to show the common or usual names of the ingredients arranged in the order of the predominance contained in the package.

article: 11. Records


text: All horsemeat and animal food records shall be open at all times during the hours of operation to the inspection of the director, any health officer or sanitation inspector.

article: 11. Records


text: It is unlawful for any person that is required to keep horsemeat and pet food records to fail to keep such records, or to fail or refuse to permit an authorized inspection of the horsemeat and pet food records.

article: 11. Records


text: Every dead animal hauler shall keep a record when and where each carcass is picked up and delivered. The record shall be kept for a period of one year, and open to inspection by any agent of the department.

history: (History: Amended by Stats. 2004, Ch. 187, Sec. 10. Effective January 1, 2005.)

article: 11. Records


text: There is in the Department of Agriculture a compliance and evaluation team.

article: 12. Enforcement

path: 9. ANIMALS GENERALLY > 3. SLAUGHTERED ANIMALS > 5. Horsemeat and Pet Food > 12. Enforcement


text: The compliance and evaluation team’s primary duty shall be the enforcement of the provisions of this chapter and the regulations made pursuant thereto.

article: 12. Enforcement


text: Any person who is licensed pursuant to this chapter, who requests inspection at time which is considered as overtime by Section 19352 shall be liable for overtime inspection fees.

article: 12.5. Inspection Fees

path: 9. ANIMALS GENERALLY > 3. SLAUGHTERED ANIMALS > 5. Horsemeat and Pet Food > 12.5. Inspection Fees


text: Any fee, charge, or assessment payable under the provisions of this chapter and regulations promulgated pursuant to it, shall constitute a debt of the person owing such fee, charge or assessment and shall be payable to the director on the date provided by the director. If such person does not pay the charge or assessment on the date specified, the director shall add to such unpaid fee, charge or assessment an amount not exceeding 25 percent of such unpaid charge, fee, or assessment.

article: 12.5. Inspection Fees


text: In establishing such fee, charge, or assessment the director shall give consideration to the fees, charges and assessments provided under the provisions of law stated above, with the exception of the license fees. The schedule of fees, charges, and assessments may from time to time be revised by the director as he deems necessary. Such schedules may be sufficient to provide such reserves as the director deems necessary.

article: 12.5. Inspection Fees


text: Any person who is found guilty of violating any of the provisions of this chapter or the rules and regulations promulgated under this chapter is subject to imprisonment in a county jail for not more than one year or a fine of not more than five thousand dollars ($5,000), or both that imprisonment and fine; but if the violation is committed after a conviction of that person under this section has become final, or the violation is committed with intent to defraud or mislead, the person shall be subject to imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a fine of not more than fifteen thousand dollars ($15,000), or both that imprisonment and fine.

history: (History: Amended by Stats. 2012, Ch. 303, Sec. 2. (AB 2378) Effective January 1, 2013.)

article: 13. Penalties

path: 9. ANIMALS GENERALLY > 3. SLAUGHTERED ANIMALS > 5. Horsemeat and Pet Food > 13. Penalties


text: Any person who, as principal or agent, employer or employee, adulterates any other meat or meat food product intended for human food with horsemeat or the product of an animal which has died otherwise than by slaughter or the product of an animal slaughtered for pet food in accordance with this chapter, or represents horsemeat or pet food to be any other meat or meat food product, shall be guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or both.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 122. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 13. Penalties


text: In addition to the remedies herein provided, the department may bring an action in superior court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this chapter. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

article: 13. Penalties


text: Upon conviction of a violation of any provision of this chapter, any license issued pursuant to this chapter shall be automatically suspended for 30 days. The director may, after notice and hearing, suspend the license for a longer period if he believes the suspension will promote the objectives of this chapter.

article: 13. Penalties


text:
(a) In lieu of levying a civil penalty pursuant to Section 19447, and in lieu of seeking prosecution, upon complaint of the secretary, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any person who violates Article 6 (commencing with Section 19300), Article 6.5 (commencing with Section 19310), or any regulation adopted pursuant to those articles. The civil penalty imposed shall not exceed ten thousand dollars ($10,000) for each violation.

(b) Any funds recovered by the secretary pursuant to this section shall be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, shall be used for the purposes described in Section 221.

history: (History: Amended by Stats. 2011, Ch. 133, Sec. 29. (AB 120) Effective July 26, 2011.)

article: 13. Penalties


text: In addition to any other remedies provided by this chapter, but in lieu of seeking prosecution of any violation of Article 6 (commencing with Section 19300) or Article 6.5 (commencing with Section 19310) as a misdemeanor, the director may seek recovery of a civil penalty pursuant to Section 19445 or levy civil penalties pursuant to Section 19447.

history: (History: Added by Stats. 1993, Ch. 1036, Sec. 6. Effective January 1, 1994.)

article: 13. Penalties


text:
(a) In lieu of any civil action pursuant to Section 19445, and in lieu of seeking prosecution, the secretary may levy a civil penalty against a person who violates Article 6 (commencing with Section 19300), Article 6.5 (commencing with Section 19310), or any regulation adopted pursuant to those articles, in an amount not to exceed five thousand dollars ($5,000) for each violation.

(b) Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be granted the opportunity to review the secretary’s evidence and, for up to 30 days following the issuance of the notice, the opportunity to present written argument and evidence to the secretary as to why the civil penalty should not be imposed or should be reduced from the amount specified in the penalty notice. Notwithstanding Chapter 4.5 (commencing with Section 11400) of, and Chapter 5 (commencing with Section 11500) of, Part 1 of Division 3 of Title 2 of the Government Code or any other provision of law, this section does not require the department to conduct either a formal or informal hearing. The secretary instead may dispose of the matter upon review of the documentation presented.

(c) Any person upon whom a civil penalty is levied may appeal to the secretary within 20 days of the date of receiving notification of the penalty, as follows:

(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent and shall state the grounds for the appeal.

(2) Any party, at the time of filing the appeal, or within 10 days thereafter, may present written evidence and a written argument to the secretary.

(3) The secretary may grant oral arguments upon application made at the time written arguments are made.

(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days prior to the date set therefor. This time requirement may be altered by an agreement between the secretary and the person appealing the penalty.

(5) The secretary shall decide the appeal on any oral or written arguments, briefs, and evidence that he or she has received.

(6) The secretary shall render a written decision within 45 days of the date of appeal, or within 15 days of the date of oral arguments. A copy of the secretary’s decision shall be delivered or mailed to the appellant.

(7) The secretary may sustain the decision, modify the decision by reducing the amount of the penalty levied, or reverse the decision.

(8) A review of the decision of the secretary may be sought by the appellant pursuant to Section 1094.5 of the Code of Civil Procedure.

(d) (1) If the person upon whom a penalty is levied does not file a petition for a writ of administrative mandamus, the court, upon receiving a certified copy of the department’s final decision that directs payment of a civil penalty, shall enter judgment in favor of the department.

(2) After completion of the appeal procedure provided for in this section, the secretary may file a certified copy of the department’s final decision that directs payment of a civil penalty and, if applicable, any order denying a petition for a writ of administrative mandamus, with the clerk of the superior court of any county that has jurisdiction over the matter. No fees shall be charged by the clerk of the superior court for the performance of any official services required in connection with the entry of judgment pursuant to this section.

(e) Any penalties levied by the secretary pursuant to this section shall be deposited in the Department of Food and Agriculture Fund, and, upon appropriation by the Legislature, shall be used for the purposes described in Section 221.

history: (History: Amended by Stats. 2013, Ch. 76, Sec. 68. (AB 383) Effective January 1, 2014.)

article: 13. Penalties


text:
(a) Cattle, calves, horses, mules, sheep, swine, goats, or fallow deer, or poultry shall be slaughtered by the methods prescribed in this section. No state agency shall contract for, purchase, procure, or sell all or any portion of any animal, unless that animal is slaughtered in conformity with this chapter. This chapter applies to any person engaged in the business of slaughtering animals enumerated in this section, or any person slaughtering any of those animals when all, or any part of, that animal is subsequently sold or used for commercial purposes.

(b) All cattle, calves, horses, mules, sheep, swine, goats, or fallow deer subject to this part, or poultry subject to Part 1 (commencing with Section 24501) of, Part 2 (commencing with Section 25401) of, and Part 3 (commencing with Section 26401) of, Division 12 shall be slaughtered by either of the following prescribed methods:

(1) The animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled.

(2) The animal shall be handled, prepared for slaughter, and slaughtered in accordance with ritual requirements of the Jewish or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

This section does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation.

history: (History: Amended by Stats. 2000, Ch. 373, Sec. 11. Effective January 1, 2001.)

chapter: 6. Slaughter

path: 9. ANIMALS GENERALLY > 3. SLAUGHTERED ANIMALS > 6. Slaughter


text:
(a) The department shall, on or before December 31, 1993, adopt regulations to implement Section 19501 as to the slaughter of poultry, and, thereafter, enforce those regulations.

(b) The regulations adopted under subdivision (a) shall apply to any person engaged in the business of slaughtering poultry, or to any person slaughtering poultry when all, or any part of, the poultry is subsequently sold or used for commercial purposes, except as provided in Section 19501. However, the department shall not utilize personnel to enforce those regulations with respect to any poultry plant in this state exempted from Chapter 2 (commencing with Section 24651) of Part 1 of Division 12 by Section 24712, 24713, or 24714.

history: (History: Added by Stats. 1991, Ch. 837, Sec. 2.)


text: The regulations adopted under this chapter shall conform as far as possible to the regulations of the United States Department of Agriculture governing methods of slaughtering.

history: (History: Added by Stats. 1967, Ch. 1381.)


text:
The Department of Agriculture shall enforce the provisions of Section 19501 and is authorized and directed to perform the following duties:

Designate, on or before March 1, 1968, and at such times thereafter as it deems advisable, methods of slaughter and of handling in connection with slaughter, with respect to each species of livestock enumerated in Section 19501, which conform to the provisions of Section 19501. In addition, the department may designate other methods not specifically described in Section 19501. However, nothing in this section shall authorize the department to prohibit any method specifically permitted in Section 19501.


text:
(a) (1) The secretary shall adopt, by regulation, fees to cover the department’s reasonable regulatory costs of the administration, implementation, and enforcement of laws governing the confinement of animals, as described in Chapter 13.8 (commencing with Section 25990) of Division 20 of the Health and Safety Code.

(2) Costs of administration, implementation, and enforcement may include, but are not limited to, costs incurred for the department’s role in registration, certification, inspections, and audits.

(b) (1) The total revenue collected each year through the fees imposed pursuant to this section shall be set at an amount equal to the expenditure levels set forth in the Budget Act of each fiscal year for the activity described in subdivision (a).

(2) The secretary may adjust the fees each fiscal year to conform to the expenditure levels set forth in the Budget Act for this activity, plus any share of statewide general administrative costs assessed to the Department of Agriculture Account, Department of Food and Agriculture Fund for that fiscal year. Fee adjustments for this purpose shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(3) If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels set forth in the Budget Act, the secretary may further adjust the fees to compensate for the over or under collection of revenue.

(c) The fees established in subdivision (a) shall include amounts sufficient to repay any amount loaned from the Department of Agriculture Account, Department of Food and Agriculture Fund in the 2020–21 and 2021–22 fiscal years to pay for the department’s reasonable regulatory costs of the administration, implementation, and enforcement conducted under laws governing the confinement of animals, as described in Chapter 13.8 (commencing with Section 25990) of Division 20 of the Health and Safety Code.

(d) The fees collected by the secretary pursuant to subdivision (a) shall be separately accounted for in the Department of Agriculture Account, Department of Food and Agriculture Fund.

history: (History: Added by Stats. 2020, Ch. 18, Sec. 2. (AB 92) Effective June 29, 2020.)

part: 4. Livestock Confinement

chapter: 1. General Provisions

article: 1. Fees

path: 9. ANIMALS GENERALLY > 4. Livestock Confinement > 1. General Provisions > 1. Fees


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

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

division: 10. CATTLE PROTECTION

chapter: 1. Definitions

path: 10. CATTLE PROTECTION > 1. Definitions


text: “Animal,” “calf,” and “cattle” mean only bovine animals.


text: “Brand” means a design which is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron.


text: “Brand” includes “brand and mark” if a mark is recorded or used with a brand.


text: “Bureau” means the Bureau of Livestock Identification.


text: “Carcass” means the carcass of an animal.


text: “Cattle record brand” means a brand used to classify an animal for the purpose of keeping records which relate to the animal.


text: “Chief” means the Chief of the Bureau of Livestock Identification.


text: “Hide” means the hide of an animal.


text: “Inspector” means a hide and brand inspector. It includes the chief, regional brand supervisors, senior brand inspectors, investigators, and persons employed on a collaborative basis pursuant to Section 483 to carry out this division.

history: (History: Amended by Stats. 1986, Ch. 828, Sec. 1.)


text: “Mark” means a design which is cut into or from the ear, dewlap, or other part of an animal.


text: “Vent” means a design which is permanently impressed on the hide of a branded animal for the purpose of voiding the prior brand.


text: “Feedlot” means a beef cattle feedlot or feed yard having more than 500 head of cattle at one time during the calendar year in which cattle are being fed for slaughter.

history: (History: Amended by Stats. 1977, Ch. 385.)


text: “Beef cattle” means bovine animals of any breed being grown primarily for meat production.


text: “Registered feedlot” means a feedlot defined in Section 20013 that is registered with the bureau in accordance with Sections 21081 and 21082.


text: “Licensed frozen food locker plant” means an establishment defined and licensed pursuant to Chapter 14 (commencing with Section 28800) of Division 22 of the Health and Safety Code.

history: (History: Added by Stats. 1973, Ch. 938.)


text: “Modified point-of-origin inspection area” means any area designated by the director, by regulation, pursuant to Section 21111.


text: “Upon entry into a registered feedlot” means brand inspection of the cattle as soon after arrival at the feedlot as is consistent with the provisions of Section 21172.5.


text: “Processor” means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for frozen storage by the ultimate customer.


text: “Point of sale” as used in Section 22004.1 means the first place where the transaction occurs when the hide is sold or otherwise transferred by the person who slaughtered the animal.


text: “Modified point of origin inspection,” as provided in Sections 21111 and 21112, pertains only to the inspection of cattle where there is no sale within a designated modified point of origin inspection area prior to transportation for pasture-to-pasture purposes when crossing the area boundary.

history: (History: Amended by Stats. 1983, Ch. 592, Sec. 1.)


text: “Full point of origin inspection area” means any area designated by the director, by regulation, pursuant to Sections 21141 and 21141.5.

history: (History: Added by Stats. 1982, Ch. 210, Sec. 2. Effective May 24, 1982.)


text: “Full point of origin inspection” as provided in Sections 21141 and 21141.5 means the inspection of all cattle, except as herein excepted, prior to transportation across the area boundary. However, pasture-to-pasture movement within the area is permitted without inspection, and cattle moving to a destination point within the area shall pay the destination inspection fee only.

history: (History: Amended by Stats. 1983, Ch. 592, Sec. 2.)


text: “Destination point inspection” means the inspection of cattle within the California borders after shipment directly to a posted stockyard, public salesyard, private cattle sales market, licensed slaughterhouse, or registered feedlot, without prior inspection.

history: (History: Added by Stats. 1982, Ch. 210, Sec. 4. Effective May 24, 1982.)


text: “Cattle movement” means the transportation of cattle by vehicle or herding, such as a drive of an animal herd.

history: (History: Added by Stats. 1982, Ch. 210, Sec. 5. Effective May 24, 1982.)


text: “Private treaty transaction,” as used in this division, means the transfer of ownership of cattle or livestock by agreement or contract, at a point other than a destination point.

history: (History: Added by Stats. 1982, Ch. 210, Sec. 6. Effective May 24, 1982.)


text: “Pasture-to-pasture movement” means transportation of cattle, or leading or herding from one feeding or pasture premise to another feeding or pasture premise with no change of ownership.

history: (History: Added by Stats. 1982, Ch. 210, Sec. 7. Effective May 24, 1982.)


text: “Transportation, transport, or transporting” as used in this division means to carry livestock from one place to another by means of a vehicle which may be propelled, moved, or drawn on land or water, or may be airborne.

history: (History: Added by Stats. 1983, Ch. 592, Sec. 3.)


text: “Shipper” means any person who transfers cattle from one geographical location to another.

history: (History: Added by Stats. 1984, Ch. 558, Sec. 1.)


text: “Licensed slaughterer” means any person who is in the business of slaughtering bovine animals and who has applied to and been issued a grant of inspection by the United States Department of Agriculture Food Safety and Inspection Service.

history: (History: Added by Stats. 1986, Ch. 828, Sec. 2.)


text:
(a) The Legislature finds and declares that this division is enacted in the exercise of the police power of this state for the purpose of protecting the cattle industry of this state from losses of livestock by theft and straying.

(b) The Legislature further finds and declares that the protection should be afforded through a system of brand inspection of cattle as the cattle are moved and marketed within this state, and that, to the extent that adequate funding is made available, an investigative unit be maintained within the department for the purpose of assisting local law enforcement agencies in combating cattle theft in this state.

(c) The department shall develop a surveillance patrol program, to the extent that adequate funding is made available, to assist in the detection and apprehension of persons involved in cattle theft.

history: (History: Amended by Stats. 1991, Ch. 361, Sec. 1. Effective August 30, 1991.)

chapter: 2. General Provisions

article: 1. Application

path: 10. CATTLE PROTECTION > 2. General Provisions > 1. Application


text: The provisions of this division, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.

article: 1. Application


text: The director may make such regulations as may be reasonably necessary to carry out this division and to protect the cattle of this state from theft and misappropriation.

article: 2. Regulation

path: 10. CATTLE PROTECTION > 2. General Provisions > 2. Regulation


text: The regulations shall be published in one or more stock journals of general circulation in the state before they become effective.

article: 2. Regulation


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

article: 3. Investigations

path: 10. CATTLE PROTECTION > 2. General Provisions > 3. Investigations


text:
The person in custody of any records required to be kept by any provision of Divisions 9 (commencing with Section 16301), 10 (commencing with Section 20001), or 11 (commencing with Section 23001) shall exhibit such records upon demand by any inspector or peace officer.

Such records include, but are not limited to, the following documents:

(a) Brand inspection certificates.

(b) Bills of sale or bills of consignment.

(c) Truck invoices and bills of lading.

(d) Shipping and receiving slips.

(e) Sales invoices or certificate of sale.

history: (History: Added by Stats. 1976, Ch. 1221.)

article: 3. Investigations


text: It is unlawful for any person to refuse to exhibit any records to any inspector or peace officer who is acting in accordance with the provisions of Section 20202.

article: 3. Investigations


text: Every person that violates this division is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than one year, or by both that fine and imprisonment. Each violation during any day constitutes a separate offense.

history: (History: Amended by Stats. 1988, Ch. 812, Sec. 2.)

article: 4. Criminal Penalties

path: 10. CATTLE PROTECTION > 2. General Provisions > 4. Criminal Penalties


text: Any person who uses an unrecorded, forfeited, or canceled brand shall pay a penalty upon a first violation of one hundred dollars ($100); upon a second violation within the same 12-month period, a penalty of two hundred dollars ($200); and upon a third or subsequent violation within the same 12-month period, a penalty of five hundred dollars ($500), which is in addition to any other penalty provided by law.

history: (History: Amended by Stats. 1984, Ch. 558, Sec. 2.)

article: 4. Criminal Penalties


text: Any person that violates any provision of this division, or any regulation which is issued pursuant to it, is liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each violation. Any money which is recovered under this section shall be paid into the Department of Agriculture Fund.

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

article: 5. Civil Penalties and Remedies

path: 10. CATTLE PROTECTION > 2. General Provisions > 5. Civil Penalties and Remedies


text: The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this division.

article: 5. Civil Penalties and Remedies


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

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

article: 5. Civil Penalties and Remedies


text: The department shall, at least once a month, report to the State Controller the total amount of money collected for fees, penalties, judgments, or otherwise. It shall, at the same time, pay into the State Treasury the entire amount of such receipts. The receipts shall be credited to the Department of Agriculture Fund.

article: 6. Collection and Disposition of Money

path: 10. CATTLE PROTECTION > 2. General Provisions > 6. Collection and Disposition of Money


text: Any money in the Department of Agriculture Fund derived under any of the provisions of this division may be expended for the administration and enforcement of any of the provisions of this code stated in Section 16461, notwithstanding any other provision of law which limits the expenditure of any such money to some specific section, article, or chapter of this division.

history: (History: Amended by Stats. 1967, Ch. 13.)

article: 6. Collection and Disposition of Money


text: A civil action may be brought by the department to recover any fee, penalty, or other money that becomes due pursuant to this division.

article: 6. Collection and Disposition of Money


text: There is in the department the Bureau of Livestock Identification.

chapter: 3. Enforcement

article: 1. Bureau of Livestock Identification

path: 10. CATTLE PROTECTION > 3. Enforcement > 1. Bureau of Livestock Identification


text: The bureau is administered by a chief who is appointed by the director pursuant to the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government Code.

article: 1. Bureau of Livestock Identification


text: The chief shall administer and enforce this division and shall perform such other duties within the scope of his employment as the director may require.

article: 1. Bureau of Livestock Identification


text: The chief is responsible to the director for the proper administration and enforcement of this division.

article: 1. Bureau of Livestock Identification


text: The chief shall assist in the prosecution of persons charged with violation of any provision of this division.

article: 1. Bureau of Livestock Identification


text: Subject to the approval of the director, the chief shall appoint such inspectors and other assistants as may be necessary to carry out this division.

article: 1. Bureau of Livestock Identification


text: Subject to the approval of the director, the chief may employ investigators to investigate reported thefts or losses of cattle.

article: 1. Bureau of Livestock Identification


text: Each inspector may enforce the provisions of Chapter 5 (commencing with Section 484), Title 13, Part 1 of the Penal Code, with reference to theft of any animal or carcass, and is authorized, as a public officer, to arrest for any such offense. In the event of an arrest pursuant to this section, the provisions of Section 835a of the Penal Code shall apply as if the inspector were a peace officer.

history: (History: Amended by Stats. 1968, Ch. 1222.)

article: 2. Inspectors and Other Peace Officers

path: 10. CATTLE PROTECTION > 3. Enforcement > 2. Inspectors and Other Peace Officers


text: Each sheriff, member of the California Highway Patrol, and other peace officer shall cooperate and assist in enforcing this division.

article: 2. Inspectors and Other Peace Officers


text:
Each sheriff or other officer to whom a complaint which relates to the loss or theft of cattle is made shall forthwith transmit to the bureau a report which shows all of the following:

(a) The number of animals that are involved.

(b) A description of the animals, including any marks and brands on them.

(c) The date of the loss or theft.

(d) Any other information which the chief may by regulation require.

article: 2. Inspectors and Other Peace Officers


text: If an inspector or peace officer finds any animal, hide, carcass, or portion of a carcass in the possession of any person that he has reason to believe is not the legal owner or entitled to the possession of it, he shall take possession of it or notify the person in possession where to leave it pending investigation.

article: 2. Inspectors and Other Peace Officers


text: A person shall not, without a release from the inspector or peace officer, dispose of the animal, hide, carcass, or portion of a carcass within 30 days after receiving the notice pursuant to Section 20435 or until it is released by the inspector or peace officer.

article: 2. Inspectors and Other Peace Officers


text: Any animal, hide, carcass, or portion of a carcass shall not be held pursuant to Section 20435 for more than 30 consecutive days, unless the notice of seizure is renewed by the inspector or peace officer.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 85. Effective January 1, 2003.)

article: 2. Inspectors and Other Peace Officers


text: Any inspector or peace officer may stop any conveyance which is transporting any animal, hide, carcass, or portion of a carcass on any public thoroughfare for the purpose of making an investigation and may take possession of the animal, hide, carcass, or portion of a carcass and hold it for not to exceed 30 days pending an investigation.

article: 2. Inspectors and Other Peace Officers


text: Any expense which is incurred in caring for any property which is seized pursuant to this article shall be paid by the owner of the property. The cost of caring for the property so held is a lien upon the property. The lien may be enforced in the manner which is prescribed in Section 3052 of the Civil Code.

article: 2. Inspectors and Other Peace Officers


text: Any animal which is seized by or comes into the possession of an inspector pursuant to this division shall be disposed of as provided in Chapter 7 (commencing with Section 17001), Part 1, Division 9 of this code.

article: 2. Inspectors and Other Peace Officers


text: As used in this article, “board” means the Livestock Identification Advisory Board.

path: 10. CATTLE PROTECTION > 3. Enforcement > 3. Livestock Identification Advisory Board


text: There is in the department the Livestock Identification Advisory Board, which consists of seven members. The director may appoint one additional member on the board, as provided in Section 20463.

history: (History: Amended by Stats. 1978, Ch. 188.)

article: 3. Livestock Identification Advisory Board


text: It is hereby declared, as a matter of legislative determination, that persons appointed to the Livestock Identification Advisory Board pursuant to this article are intended to represent and further the interest of the particular agricultural industries concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industries concerned are tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Added by Stats. 1976, Ch. 1429.)


text:
The director shall appoint the members to the board as follows:

(a) Two shall be beef cattle producers.

(b) Two shall be dairymen.

(c) One shall be engaged in the livestock marketing business.

(d) Two shall be operators of registered feedlots.

The director may appoint one additional member on the board, who shall be a public member. Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.


text: In making his selection of the membership of the board, the director shall take into consideration the recommendations of organizations and associations of cattlemen, dairymen, livestock marketing agencies, and general farm organizations.


text: The term of office of the members of the board is four years. Any vacancy which occurs during an unexpired term shall be filled by appointment for the unexpired term.


text: The members of the board shall serve without compensation but are entitled to their traveling expenses in the same amount as is provided for other nonsalaried board and commission members who serve the state.


text: The board shall assist the director and the Chief of the Bureau of Livestock Identification in the administration and enforcement of Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401) of Division 9, Chapter 2 (commencing with Section 18351) and Chapter 3 (commencing with Section 18501) of Part 3 of Division 9, Division 10 (commencing with Section 20001), and Division 11 (commencing with Section 23001). The board shall make recommendations to the director concerning such administration and enforcement. Any such recommendation shall be made effective upon approval of the director, including recommendations under subdivisions (a), (b), (c), and (d) of Section 20469.

history: (History: Amended by Stats. 1970, Ch. 967.)


text:
The members of the board shall confer with all of the following regarding matters which are involved in the administration of the enforcement functions of the Bureau of Livestock Identification:

(a) The director and the Chief of the Bureau of Livestock Identification.

(b) Livestock producers and marketers.

(c) Farm and livestock organizations.

(d) Other cooperating agencies.

history: (History: Amended by Stats. 1969, Ch. 730.)


text:
The board shall make recommendations to the director and to the Chief of the Bureau of Livestock Identification relative to all of the following:

(a) Improvements and changes in the administration and enforcement of the hide and brand laws and regulations which are adopted pursuant to such laws.

(b) Procedures which are followed by the Bureau of Livestock Identification.

(c) Curbing of livestock thefts.

(d) The annual budget for the Bureau of Livestock Identification.

(e) Legislation which is designed to improve the functioning of the bureau.


text: The board shall meet at the call of its chairperson. It shall meet at least twice in every calendar year.

history: (History: Amended by Stats. 2016, Ch. 200, Sec. 1. (AB 2483) Effective January 1, 2017.)


text: The meetings of the board shall be held in the offices of the department at Sacramento, or elsewhere within the state, if necessary for the proper performance of its duties.


text: It is the ultimate object of this division to provide for statewide recordation of brands with the entire state as one branding district.

chapter: 4. Brands and Brand Records Generally

article: 1. Requirements

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 1. Requirements


text: Brands for the purpose of establishing or indicating ownership of cattle may be recorded pursuant to this chapter. Brands for other purposes shall not be recorded.

article: 1. Requirements


text: The chief shall, by regulation, prescribe the location on the animal where different types of brands, including recorded brands and cattle record brands, may be applied.

article: 1. Requirements


text: It is unlawful for any person to brand any animal except in accordance with the provisions of this chapter.

article: 1. Requirements


text: It is unlawful for any person to use an unrecorded, forfeited, or canceled brand.

article: 1. Requirements


text:
It is unlawful for any person to apply a recorded brand in any location on the animal except that which is specified on the brand registration certificate.

The use of a brand on any location except that which is specified on the brand registration certificate is the same as the use of an unrecorded brand.

article: 1. Requirements


text: It is unlawful for any person to use a brand on cattle indicating ownership unless the cattle are owned by him or he has been authorized by the owner of the cattle and the brand is recorded under the owner’s name and is on file with the Bureau of Livestock Identification.

article: 1. Requirements


text: Proof of possession or ownership of cattle with an unrecorded, forfeited, or canceled brand establishes a rebuttable presumption that the person in possession or the owner of the cattle has branded them with such brand. This presumption is a presumption affecting the burden of proof.

history: (History: Amended by Stats. 1967, Ch. 262.)

article: 1. Requirements


text:
In every suit at law or in equity, if the title to any animal is involved, proof of the brand of the animal establishes a rebuttable presumption that the owner of the brand was the owner of the animal at all times during which the brand was duly recorded as provided in this code. This presumption is a presumption affecting the burden of proof.

The right of any person to use such brand may be established by a certified copy of the brand records on file in the bureau.

article: 1. Requirements


text:
(a) The owner of cattle brought into this state from out of state for grazing purposes may apply to the director for a permit to allow the branding of the cattle with a brand recorded in another state. The director may issue a permit for this purpose under all of the following conditions:

(1) The owner of an identical brand recorded for use in this state has been notified and has given written consent for the use of the brand.

(2) The brand is limited to use on suckling calves which are accompanied by their mothers bearing the same brand.

(3) The herd is inspected by the bureau prior to branding.

(b) The director may charge a fee for inspection as provided in Article 9 (commencing with Section 21281) of Chapter 6, including a time and mileage charge, to cover the cost of providing the inspection.

(c) The director may establish and charge a fee to cover the cost of issuing the permit authorized by this section. The fee for the permit shall not exceed one hundred dollars ($100).

(d) This section is applicable only to those cattle brought into this state from a state which has implemented a reciprocal program for cattle from this state.

history: (History: Added by Stats. 1989, Ch. 130, Sec. 1.)

article: 1. Requirements


text: Venting a brand consists of rebranding a branded animal, by the owner of the animal, for the purpose of voiding his prior brand.

article: 2. Venting Brand Requirements

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 2. Venting Brand Requirements


text: A vent brand may be applied on the loin of an animal which corresponds to the side the owner’s registered brand.

article: 2. Venting Brand Requirements


text: Only the owner’s recorded brand may be used as a vent. Recordings shall not be issued which allow the use of any other brand as a vent.

article: 2. Venting Brand Requirements


text: Any person that desires to use a brand in this state may acquire the right to do so pursuant to this chapter. Application forms for this purpose shall be furnished by the bureau upon request.

article: 3. Applications

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 3. Applications


text:
To conform to the objective of this chapter, all applications for the recordation of a brand shall be accepted by the chief only if the proposed brand design fulfills the following requirements:

(a) Is not in conflict with any other recorded brand in this state.

(b) Is capable of producing a like design when burned into the hide of an animal.

(c) Is capable of readily symbolizing the intended design to any person who views it.

(d) Lends itself to common verbal description.

history: (History: Amended by Stats. 1971, Ch. 930.)

article: 3. Applications


text: An application for the recordation of a brand shall be filed with the bureau.

article: 3. Applications


text:
The application shall contain all of the following:

(a) A facsimile of the brand which is sought to be recorded.

(b) A statement of the location on the animal where the brand is to be applied.

(c) The name and address of the applicant.

(d) The signature of a parent or guardian if the applicant is under 18 years of age.

history: (History: Amended by Stats. 1971, Ch. 1748.)

article: 3. Applications


text: A mark may be recorded only with a brand. If a mark is sought to be recorded with a brand, the application shall also contain a diagram which shows the manner of marking.

article: 3. Applications


text: Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record.

article: 3. Applications


text: An application shall not be accepted for the recordation of a brand which consists only of a mark.

article: 3. Applications


text:
An application shall not be accepted for the recordation of a brand if the brand is to be applied to any of the following:

(a) Either jaw.

(b) The face.

(c) The nose.

(d) Either loin.

(e) The breeching of an animal.

article: 3. Applications


text: An application shall not be accepted for the recordation of a brand which is accompanied by a mark if the use of the mark involves cutting off more than one-half of an ear.

article: 3. Applications


text: An application shall not be accepted for the recordation of a brand except upon the payment of the fee for the recordation of the brand.

article: 3. Applications


text: If the application does not conform to the requirements of, or cannot be accepted pursuant to, this chapter, a statement of the reason why it cannot be accepted shall be transmitted to the applicant.

article: 3. Applications


text: Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon receipt of a written request from the person appealing the decision, such person shall be permitted to present his views to the board. The board may recommend to the director to affirm, reverse, or modify the determination. The decision of the director shall be final.

history: (History: Added by Stats. 1971, Ch. 930.)

article: 3. Applications


text: The bureau shall maintain a record of all brands that are recorded, except forfeited or canceled brands which are subject to Section 20701.

article: 4. Recordation

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 4. Recordation


text: Any person, upon request to the bureau, shall be furnished information as to any recorded brand.

article: 4. Recordation


text: A brand shall not be recorded if it consists of any letters or characters which are applied in more than one branding location on the animal.

article: 4. Recordation


text: A brand shall not be recorded for any person under 18 years of age unless the application is countersigned by his parent or guardian.

article: 4. Recordation


text: Recordation of a brand consists of entering in the brand records the matters which are contained in the application, together with the date of recordation, and the execution by the bureau of a cattle brand registration certificate.

article: 4. Recordation


text: The original cattle brand registration certificate shall be kept on file in the bureau. A duplicate certificate shall be issued to the person in whose name the brand is recorded.

article: 4. Recordation


text:
The issuance to a person of a cattle brand registration certificate confers upon the person to whom it is issued both of the following:

(a) The right to use the brand until the right to use it is forfeited or the record of the brand is canceled pursuant to this chapter.

(b) The right to use the same brand on the same location on horses, mules, burros, sheep, and swine if not in conflict with a previously recorded brand.

article: 4. Recordation


text: The right to use a brand is a property right and may be sold or otherwise transferred.

article: 4. Recordation


text: A transferee of a brand shall not use the brand until the transfer has been recorded by the bureau.

article: 4. Recordation


text: The record of any brand may be canceled at any time upon the written request of the person in whose name it is recorded.

article: 4. Recordation


text: The records of brands which have been forfeited or canceled for more than five years may be removed from the files and destroyed.

article: 4. Recordation


text: The right to use a recorded brand is lost by the failure to pay the fees which are required by Article 6 (commencing with Section 20751) of this chapter.

article: 5. Suspension and Forfeiture

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 5. Suspension and Forfeiture


text: If the renewal fee that is required by Article 6 (commencing with Section 20751) is not paid by April 30th following the recordation of the brand, or by April 30th of the year that follows the last year for which the renewal fee has been paid, the right to use the brand is suspended by operation of law as of April 1st of that year.

history: (History: Amended by Stats. 1998, Ch. 680, Sec. 24. Effective January 1, 1999.)

article: 5. Suspension and Forfeiture


text: If the right to use a brand is suspended for more than one year, the right is forfeited on April 1st following the year of suspension. The brand, thereafter, may be rerecorded by the former owner or it may be applied for by any other person pursuant to this chapter.

history: (History: Amended by Stats. 1998, Ch. 680, Sec. 25. Effective January 1, 1999.)

article: 5. Suspension and Forfeiture


text: The right to use any brand which conflicts with any brand which has a prior cattle brand registration certificate number pursuant to this chapter is forfeited. All recordations shall be on a statewide basis.

article: 5. Suspension and Forfeiture


text:
(a) Any person convicted of Section 487a of the Penal Code shall be prohibited from registering or owning, in whole or in part, a brand for a period of five years following the date of the conviction.

(b) Upon being notified of the conviction, the secretary shall terminate the registration of any brand registered to a person convicted of Section 487a of the Penal Code.

history: (History: Added by Stats. 2014, Ch. 129, Sec. 1. (AB 1722) Effective January 1, 2015.)

article: 5. Suspension and Forfeiture


text: The fee for each application for recording a brand is seventy dollars ($70).

history: (History: Amended by Stats. 2015, Ch. 406, Sec. 1. (AB 732) Effective January 1, 2016.)

article: 6. Fees and Penalties

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 6. Fees and Penalties


text: The fee entitles the applicant to the recordation of one brand, one duplicate brand registration certificate, and the right to use the brand until the following April 1st. The fee for each additional duplicate is ten dollars ($10).

history: (History: Amended by Stats. 2007, Ch. 267, Sec. 2. Effective January 1, 2008.)

article: 6. Fees and Penalties


text: Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30 after its recordation, pay to the bureau a biennial period renewal fee of seventy dollars ($70) for the right to continue to use the brand.

history: (History: Amended by Stats. 2015, Ch. 406, Sec. 2. (AB 732) Effective January 1, 2016.)

article: 6. Fees and Penalties


text: The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of seventy dollars ($70). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of thirty-five dollars ($35) per year on and after April 1 of that year. If the advance payment is made, biennial renewals for the years within the period for which advance payment has been made are not required.

history: (History: Amended by Stats. 2015, Ch. 406, Sec. 3. (AB 732) Effective January 1, 2016.)

article: 6. Fees and Penalties


text: If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment of the biennial renewal fee of seventy dollars ($70) plus a twenty-five dollar ($25) penalty fee.

history: (History: Amended by Stats. 2015, Ch. 406, Sec. 4. (AB 732) Effective January 1, 2016.)

article: 6. Fees and Penalties


text:
(a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred forty dollars ($140). This amount shall accompany the application to rerecord.

(b) When a penalty has been paid pursuant to Section 20222, within 30 days of the date the application to rerecord is received by the secretary, the fee to rerecord shall be seventy dollars ($70).

history: (History: Amended by Stats. 2015, Ch. 406, Sec. 5. (AB 732) Effective January 1, 2016.)

article: 6. Fees and Penalties


text: The fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70).

history: (History: Amended by Stats. 2015, Ch. 406, Sec. 6. (AB 732) Effective January 1, 2016.)

article: 6. Fees and Penalties


text: If the applicant fails to submit within 60 days of the date of receipt by the department of application for recording or re-recording a brand, or for recording the transfer of a brand, any information or document which is required by this chapter, the application lapses. The applicant is not entitled to the recording or re-recording of the brand, or the recording of the transfer of the brand, unless and until he submits a new application and another fee for it.

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

article: 6. Fees and Penalties


text:
The fees or penalties prescribed in this article may be raised or lowered under one of the following conditions:

(a) Lowered by the director, based upon a finding and recommendation of the Livestock Identification Advisory Board, whenever they determine that the cost of administering and enforcing the provisions of this division may be maintained with a lower fee.

(b) Increased by an amount not to exceed 20 percent of the statutory fee, by the director upon the recommendation of the Livestock Identification Advisory Board whenever the board determines that the costs of administering and enforcing the provisions of this division require a greater fee. The advisory board shall approve any increase in fees by a two-thirds vote of its entire membership.

history: (History: Added by Stats. 1984, Ch. 635, Sec. 1.)

article: 6. Fees and Penalties


text: If the brand records on file with the bureau disclose that two or more brands have been recorded which appear to be so similar as to be misleading or conflicting, the chief may, and upon request of the owner of one of such brands he shall, cause an investigation to be made and a hearing held upon the matter.

article: 7. Similar Brands

path: 10. CATTLE PROTECTION > 4. Brands and Brand Records Generally > 7. Similar Brands


text: Notice of the hearing shall be given to each interested person at least 10 days prior to the hearing.

article: 7. Similar Brands


text: At the hearing, the chief shall first determine if the brands are so similar as to be misleading or conflicting. The chief shall dismiss the proceedings as to any brands which he finds are not so similar as to be misleading or conflicting.

article: 7. Similar Brands


text: If, at the hearing, the chief finds that two or more brands have been recorded which are so similar as to be misleading or conflicting, he shall determine which of the conflicting brands has been of record for the longest consecutive period of time. The owner of such brand has the right to continue to use his brand. The conflicting brand shall be canceled.

article: 7. Similar Brands


text: The owner of a recorded brand may request the chief to make an investigation if there are cattle other than his own which bear a brand so similar to such owner’s brand as to be misleading or conflicting.

article: 7. Similar Brands


text: If, after the investigation, the chief finds sufficient cause for such action, he may require that the cattle, other than those of the owner of the brand which is recorded, be branded with some other brand which is approved by the chief and recorded pursuant to this chapter.

article: 7. Similar Brands


text: Any person who loses his or her right to use a brand as a result of the determination of the chief pursuant to this article may appeal to the secretary within 15 days. The secretary may affirm, reverse, or modify the determination of the chief.

history: (History: Amended by Stats. 1999, Ch. 83, Sec. 60. Effective January 1, 2000.)

article: 7. Similar Brands


text: Notwithstanding any other provision of this division, cattle may be branded pursuant to this chapter.

chapter: 5. Cattle Record Brands

path: 10. CATTLE PROTECTION > 5. Cattle Record Brands


text: A cattle record brand shall be used only for purposes of identification. It is not evidence of ownership.


text: A cattle record brand shall not be recorded.


text: A cattle record brand may be placed upon either loin in front of the hip and behind the ribs of the animal.

history: (History: Amended by Stats. 1996, Ch. 653, Sec. 13. Effective January 1, 1997.)


text: A cattle record brand for dairy cattle of the Holstein, Jersey, Guernsey, Ayrshire, Brown Swiss, Dutch Belted, and Milking Shorthorn breeds may be placed upon the right hip rather than upon the loin.


text:
A cattle record brand consists of:

(a) Consecutive numerals, letters, or a combination of numerals or letters if placed upon the loin of an animal.

(b) At least three consecutive numerals that constitute a number greater than 200 if placed upon the right hip of an animal.

history: (History: Amended by Stats. 1996, Ch. 653, Sec. 14. Effective January 1, 1997.)


text:
Except as otherwise provided in this chapter, cattle shall be inspected as follows:

(a) Whenever cattle are sold or ownership is transferred.

(b) Prior to movement out of any designated modified point-of-origin inspection area, for purposes other than sale or slaughter and no change of ownership is involved, as provided in Section 21111.

(c) Prior to movement out of the state.

(d) Upon entry into a registered feedlot.

(e) Prior to slaughter.

(f) Prior to release or sale from a public stockyard, public saleyard, or public or private cattle sales market.

(g) Prior to release from a posted stockyard or posted saleyard.

(h) Prior to transportation out of a full point-of-origin area, as provided in Section 21141.

(i) Prior to transportation or movement from premises designated as quarantine, restriction, or isolated areas pursuant to Section 9565.

history: (History: Amended by Stats. 2001, Ch. 182, Sec. 4. Effective January 1, 2002.)

chapter: 6. Inspection of Cattle

article: 1. Requirements, Generally

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 1. Requirements, Generally


text:
(a) Any person who moves or transports any animal without inspection, as required by this chapter, is liable to the director for a civil penalty in the amount of the expenses incurred by the director to investigate and prosecute the violation and, if the violation involved the unlawful taking of animals, the expenses incurred by the director to recover and return the animal or animals to their owner.

(b) If the director finds that a violation of subdivision (a) has occurred, he or she shall calculate the amount of the civil penalty and make demand for payment within 30 days thereof. The respondent may deny liability in whole or in part, in which case the director shall set the matter for hearing before a hearing officer of the department or, at the director’s discretion, pursuant to Section 11502 of the Government Code. The hearing procedure under this subdivision shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The respondent may petition for judicial review of the director’s determination to assess a civil penalty pursuant to Section 1094.5 of the Code of Civil Procedure by filing an action within 30 days of the date of service of the director’s decision.

(d) The civil penalty in this section is in addition to any other civil or criminal penalties provided by law.

(e) Any funds collected pursuant to this section shall be paid into the Department of Food and Agriculture Fund.

history: (History: Added by Stats. 1985, Ch. 644, Sec. 1.)

article: 1. Requirements, Generally


text:
(a) In addition to any other penalty provided by this chapter, the director may levy a civil penalty against any person who violates this chapter of an amount not to exceed one hundred dollars ($100) for each violation.

(b) Before a civil penalty is levied, the person who is charged with a violation shall be provided a notice of the violation, shall have an opportunity to be heard, and shall have the right to review the evidence and to present evidence on his or her behalf.

(c) The decision of the director may be reviewed pursuant to Section 1094.5 of the Code of Civil Procedure.

(d) The director shall deposit the funds collected pursuant to this section in the Department of Food and Agriculture Fund for expenditure as authorized by this division.

history: (History: Added by Stats. 1991, Ch. 361, Sec. 2. Effective August 30, 1991.)

article: 1. Requirements, Generally


text:
When brand inspection is not required under Section 21051, any person, upon his request, shall receive brand inspection of cattle. Any such person who requests the inspection shall pay to the director a time and mileage charge established by the director to equal the cost of providing such an inspection.

Nothing in this section shall exempt any person from any other inspection requirements for the same cattle at any later time under Section 21051, nor shall such a person be exempt from any statutory inspection fees provided for by this division.

history: (History: Added by Stats. 1975, Ch. 375.)

article: 1. Requirements, Generally


text:
(a) Notwithstanding any other law, for five years following the date of conviction, a person convicted of Section 487a of the Penal Code shall submit to an inspection for any cattle in his or her ownership or care prior to any movement, transportation, or change in ownership.

(b) A person required to submit to an inspection pursuant to this section shall pay to the secretary a fee, as established by the secretary, for the costs incurred, including the cost of time and mileage, in performing the inspection.

(c) A person required to submit to an inspection who violates a provision of this section shall be charged a civil penalty by the secretary of one thousand dollars ($1,000) per animal required to be inspected.

history: (History: Added by Stats. 2014, Ch. 129, Sec. 2. (AB 1722) Effective January 1, 2015.)

article: 1. Requirements, Generally


text:
It is unlawful for any person who owns or has custody of cattle to move, slaughter, release, sell, or receive at a registered feedlot that cattle without the inspection that is required by Section 21051.

For the purposes of this section, a common carrier which transports cattle does not have custody of the cattle.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 86. Effective January 1, 2003.)

article: 1. Requirements, Generally


text:
Inspection is not required prior to transportation from a modified point-of-origin inspection area, or prior to movement if being sold, if the cattle are being moved or shipped direct to one of the following destinations:

(a) A registered feedlot in this state.

(b) A licensed slaughterhouse in this state.

(c) A public salesyard or public cattle sales market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act.

All cattle shipped without inspection prior to transportation under this section shall be inspected at the destination point.

history: (History: Amended by Stats. 1977, Ch. 385.)

article: 1. Requirements, Generally


text:
Inspection is not required in cases where cattle are being transported to or from a fair or livestock exhibit within the state’s boundaries if the shipment is accompanied by a certificate of the manager or an official of the fair or exhibit, which shows all of the following:

(a) Any brands and marks.

(b) The names of the shipper and consignee.

(c) The point of origin and destination of the shipment.

(d) Proof of ownership as defined in Section 16522.

history: (History: Amended by Stats. 1973, Ch. 938.)

article: 1. Requirements, Generally


text: Inspection is not required prior to slaughter by licensed slaughterers at slaughterhouses where the chief determines it is impossible or impractical to have inspection prior to slaughter. The chief shall, from time to time, designate which slaughterhouses are within this category. Slaughterers at such slaughterhouses shall keep the records which are required by Section 22045. They shall also keep the hides of animals which are so slaughtered until the hides are inspected or released.

article: 1. Requirements, Generally


text: Inspection is not required prior to slaughter of an animal by the producer of the animal pursuant to Section 22002. The hides of such animals shall, however, be retained as provided in Section 21455 and records shall be kept as provided in Section 22008.

article: 1. Requirements, Generally


text:
Except as provided in Section 21206, inspection is not required prior to slaughter at a licensed slaughterhouse when the cattle are being shipped direct from one of the following:

(a) A registered feedlot in this state.

(b) A public salesyard or cattle sales market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.).

(c) Out-of-state when accompanied by proper documents.

history: (History: Amended by Stats. 1988, Ch. 812, Sec. 3.)

article: 1. Requirements, Generally


text:
All cattle shipped pursuant to Section 21057 shall be accompanied by one of the following:

(a) A bill of sale on an approved form giving the date of sale, the loading point, the name and address of the owner or consignor or both, the destination, the number of animals, the certificate number on which the animals were inspected into the feedlot, the lot number, if any, the name and address of the buyer, the name of the transporter or carrier and the license number of the vehicle used to transport the animals, and the signature of the owner or his or her authorized agent.

(b) A saleyard invoice meeting the requirements of Sections 21744 and 21745.

(c) A certificate of consignment on an approved form giving the date of sale, the loading point, the name and address of the owner or consignor or both, the destination, the number of animals, the certificate number on which the animals were inspected into the feedlot, the lot number, if any, the name and address of the buyer, the name of the transporter or carrier and the license number of the vehicle used to transport the animals, and the signature of the owner or his or her authorized agent.

(d) A brand inspection certificate or, for states with no inspection, a bill of sale or health certificate.

history: (History: Amended by Stats. 1988, Ch. 812, Sec. 4.)

article: 1. Requirements, Generally


text:
Inspection is not required for pasture-to-pasture movement in the following cases:

(a) When the cattle are moved or transported only between points in the same modified point-of-origin inspection area.

(b) When the cattle are moved or transported across a modified point-of-origin inspection area boundary which bisects the ranch or property of the owner and shipper of the cattle.

(c) When cattle are moved or transported only between points within a full point-of-origin area.

(d) When cattle are moved or transported across a modified point-of-origin inspection area boundary in accordance with regulations adopted by the director which specifically allow the cattle to move under a permit for a distance not to exceed 40 miles from loading point to destination. The director may establish a fee for the permit for a 12-month period. The permit fee shall not exceed two hundred dollars ($200).

(e) When female cattle of the dairy breeds are moved or transported from one grazing or pasture area to another grazing or pasture area and the areas are owned or controlled by the same person. However, this movement shall be accompanied by a certificate of ownership or other proof of ownership document.

The provisions of subdivision (i) of Section 21051 shall take precedence over this section.

This section does not apply to cattle entering a registered feedlot.

history: (History: Amended (as amended by Stats. 1983, Ch. 592, Sec. 5.5) by Stats. 1986, Ch. 404, Sec. 1.)

article: 1. Requirements, Generally


text:
Inspection is not required in cases where the cattle being moved or transported are dairy calves, and such calves meet all of the following classifications:

(a) The calves were born on a dairy farm as defined in Section 32505.

(b) The calves were born to cows of a recognized dairy breed.

(c) The umbilical cord is still a part of, and attached to, the navel of the calf.

(d) The calves will not be moved or transported:

(1) Out of the state.

(2) To a licensed slaughterhouse in this state.

(3) To a public saleyard or public cattle sale market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. 201 et seq.).

Nothing in this section shall prohibit any inspector or peace officer from inspecting any calves when such inspection is necessary in accordance with the provisions of Sections 20432, 20435, 20436, and 20438.

history: (History: Added by Stats. 1976, Ch. 1221.)

article: 1. Requirements, Generally


text:
(a) Inspection is not required in cases where cattle are sold or ownership is transferred under all of the following circumstances:

(1) The individual or entity with a controlling interest in the cattle remains unchanged.

(2) The cattle will not be moved out of state or out of a modified point-of-origin inspection area.

(3) The cattle are associated with either a registered brand or dairy exemption number.

(b) All persons who have ownership in the cattle, including both the transferor and the transferee, shall, within 30 days of ownership transfer, self-certify, under penalty of perjury, to the department as to their ownership in the cattle on a form prescribed by the department.

(c) The department may charge a fee to cover the reasonable costs of processing the form identified in subdivision (b), but the fee shall not exceed fifty dollars ($50) or the department’s actual costs of conducting these activities.

(d) An owner of cattle that is otherwise exempt from inspection pursuant to this section may elect to have that cattle inspected pursuant to Section 21051.

(e) A violation of this section shall be subject to the penalties described in Section 21051.3.

history: (History: Added by Stats. 2015, Ch. 406, Sec. 7. (AB 732) Effective January 1, 2016.)

article: 1. Requirements, Generally


text: Any calves not exempt from inspection pursuant to Section 21060, shall be inspected in accordance with the provisions of Sections 21051 and 21052.

article: 1. Requirements, Generally


text: It is unlawful for any person to move or transport any calves exempt from inspection pursuant to Section 21060 without preparing the bill of sale or consignment that is required by Sections 21702 and 21703. Such bill of sale or consignment shall accompany the calves and be retained by the receiver of the calves for at least one year, and such documents shall be presented to any inspector or peace officer upon demand.

article: 1. Requirements, Generally


text: The director may make regulations which govern the brand inspection of cattle and hides at slaughterhouses. The regulations may provide for an inspection schedule at each slaughterhouse and include provision for inspection in addition to the basic inspection schedule. Additional inspection services shall be provided on a reimbursement basis at the expense of the slaughterer requesting the additional service and shall not be an added charge to the consignor or seller of the livestock. The fees for the additional service shall be established by regulation.

history: (History: Added by Stats. 1968, Ch. 775.)

article: 1. Requirements, Generally


text: All cattle shipped to a registered feedlot, licensed slaughterhouse, or licensed or posted livestock salesyard or market in this state for inspection at destination pursuant to this chapter shall be accompanied by a bill of sale, or certificate of consignment. The original document shall be presented to the inspector prior to the inspection of the cattle.

article: 1. Requirements, Generally


text: A copy of the document required by Section 21062 shall be kept on file in the office of the registered feedlot, licensed slaughterhouse, or salesyard or market for a period of one year after the transaction.

article: 1. Requirements, Generally


text: Except as otherwise provided in subdivisions (b) and (h) of Section 21051, all cattle transported within the state for pasture or feeding purposes with no change in ownership shall be accompanied by a certificate of consignment which contains the information specified in Section 21703.

history: (History: Amended by Stats. 1983, Ch. 592, Sec. 7.)

article: 1. Requirements, Generally


text:
(a) The chief may issue an annual permit to allow cattle to be transported out of this state without the brand inspection required pursuant to this article under all of the following conditions:

(1) The cattle are moved for pasture purposes.

(2) The cattle are moved a distance of not more than 50 miles from the point of origin to the point of destination.

(3) There is no change of ownership of the cattle.

(b) The department may charge a fee to cover its costs in issuing and renewing the annual permit. The fee may not exceed one hundred dollars ($100).

(c) The chief may, at any time, revoke a permit and require a brand inspection if he or she determines that this action is necessary to enforce this division.

history: (History: Amended by Stats. 2001, Ch. 182, Sec. 6. Effective January 1, 2002.)

article: 1. Requirements, Generally


text:
(a) The secretary may issue a special permit to allow cattle to be transported out-of-state directly for immediate slaughter only, without the brand inspection required pursuant to this article, if all of the following conditions exist:

(1) The cattle were inspected previously in a registered feedlot.

(2) The cattle are transported to a licensed slaughterer.

(3) The cattle are accompanied by a permit document issued by the secretary.

(b) The secretary may charge a fee to cover the costs of issuing or renewing an annual permit. The fee may not exceed one hundred dollars ($100).

(c) The secretary may, at any time, revoke the permit and require a brand inspection if the secretary determines that this action is necessary to enforce this division.

history: (History: Amended by Stats. 1996, Ch. 653, Sec. 16. Effective January 1, 1997.)

article: 1. Requirements, Generally


text:
(a) The director may issue an annual release permit to allow cattle to be transported into another state without brand inspection if all of the following conditions exist:

(1) The state of destination is contiguous to California and it has entered into an inspection agreement with California.

(2) The shipping point is not more than 50 miles from the destination.

(3) The cattle are transported to a public posted stockyard or saleyard.

(4) The cattle are accompanied by a permit document issued by the director.

(b) The director may charge a fee to cover the cost of issuing or renewing the permit in an amount not to exceed one hundred dollars ($100).

(c) The director may, at any time, revoke the permit and require brand inspection if the director determines that this action is necessary to carry out the enforcement of this chapter.

history: (History: Added by Stats. 1991, Ch. 361, Sec. 3. Effective August 30, 1991.)

article: 1. Requirements, Generally


text:
(a) The secretary may issue an annual exhibition permit to allow cattle to be transported out of the state during the permit year without the inspection required pursuant to this article, if all of the following conditions are met:

(1) The cattle are inspected before issuance of the permit.

(2) The cattle are only moved for exhibition purposes.

(3) There is no change in ownership of the cattle.

(4) The cattle return to the state of origin.

(5) The cattle have an official form of identification.

(b) The department may charge a fee to cover its costs in issuing and renewing the annual exhibition permit. The fee shall not exceed ten dollars ($10) per head.

(c) The department shall accept the exhibition permits of other states and allow cattle to return to their state of origin under those permits without an inspection.

(d) The secretary may, at any time, revoke an exhibition permit if the chief determines that this action is necessary to enforce this division.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 125. (AB 991) Effective January 1, 2020.)

article: 1. Requirements, Generally


text: The operator of a feedlot as defined in Section 20013 shall register each such feedlot with the director.

article: 2. Feedlot Registration

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 2. Feedlot Registration


text:
Registration consists of filing of a registration application with the bureau which shall show the location of the feedlot, its capacity, the names and addresses of the owners, and any other information which the director may require.

This registration shall be filed and approved by the director in order for a feedlot to receive cattle for inspection in accordance with subdivision (d) of Section 21051 and subdivision (a) of Section 21053, or to ship cattle in accordance with subdivision (a) of Section 21057.

Feedlots operating on and after the effective date of this section shall have 15 days from that date in which to apply for registration.

article: 2. Feedlot Registration


text: The director may cancel the registration of any feedlot from which cattle were shipped without the inspection required by subdivision (d) of Section 21051. When such cancellation occurs, the cattle from any such feedlot shall be inspected at slaughter in accordance with subdivision (e) of Section 21051.

article: 2. Feedlot Registration


text: The director may cancel the registration of any feedlot in which the operator has not fed cattle for slaughter for a period of 90 days. When a feedlot has had its registration canceled for this reason, a new application shall be submitted to the Bureau of Livestock Identification for registration when cattle are again fed for slaughter.

history: (History: Added by Stats. 1978, Ch. 184.)

article: 2. Feedlot Registration


text: The secretary shall, by regulation, establish and maintain a modified point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request the action by a two-thirds vote of those cattle producers, who are either property taxpayers, lessees, or residents of the affected area and who are present at a public hearing held at a central location in the area. The secretary shall hold a statewide hearing within sixty days of the passage of this act, and upon written request or petition signed by at least 25 cattle producers owning cattle in the affected area thereafter, to determine what areas wish to consider establishing a modified point-of-origin inspection area. Based on the testimony presented at these hearings, the secretary shall conduct local hearings in those areas where significant interest exists. The cost of each local hearing shall be borne by the producers in the area based on a written agreement between producers in the area and the secretary. Notice of the local hearing shall be publicized by the department at least 30 days prior to the hearing date through local publications and radio; shall be posted at all sales yards, slaughter plants and feedlots in the area; and shall be circulated to all known beef cattle and dairy cattle associations having producer members in the areas. The two-thirds vote of those attending pertains to these local hearings.

history: (History: Amended by Stats. 2006, Ch. 568, Sec. 1.2. Effective January 1, 2007.)

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 3. Modified Point-of-Origin Inspection Areas


text: Cattle producers owning cattle in the affected area may, upon written request or petition signed by at least 25 cattle producers owning cattle in that area, request that the secretary repeal regulations establishing a modified point-of-origin inspection area pursuant to Section 21111 in the manner prescribed by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

history: (History: Added by Stats. 2006, Ch. 568, Sec. 2. Effective January 1, 2007.)

article: 3. Modified Point-of-Origin Inspection Areas


text: A modified point-of-origin inspection area may consist of one or more counties or geographical areas.


text: The secretary shall, by regulation, establish and maintain a full point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request this action by a two-thirds vote of those present at a public hearing held at a central location in the area. The secretary shall hold the local public hearing upon the receipt of written requests or petitions signed by at least 25 cattle producers in the affected area.

history: (History: Amended by Stats. 2006, Ch. 568, Sec. 3. Effective January 1, 2007.)

article: 4. Point of Origin Inspection Area

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 4. Point of Origin Inspection Area


text: A full point-of-origin inspection area may consist of one or more counties or geographical areas.

history: (History: Added by Stats. 1982, Ch. 210, Sec. 21. Effective May 24, 1982.)

article: 4. Point of Origin Inspection Area


text: Cattle producers owning cattle in the affected area may, upon written request or petition signed by at least 25 cattle producers owning cattle in that area, request that the secretary repeal regulations establishing a full point-of-origin inspection area pursuant to Section 21141 in the manner prescribed by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

history: (History: Added by Stats. 2006, Ch. 568, Sec. 4. Effective January 1, 2007.)

article: 4. Point of Origin Inspection Area


text: Inspection of cattle consists of the examination of the cattle for all brands and marks, and, in the case of unbranded cattle, for natural marks, sex, and breed. It also includes the issuance of a certificate of inspection.

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

article: 5. Procedure

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 5. Procedure


text: If inspection is required, the person that requests the inspection shall notify the inspector. The inspector shall make his inspection as soon as practicable after he is notified.

article: 5. Procedure


text: The director may, by regulation, provide that any person who ships any cattle from a modified point-of-origin inspection area, for inspection at destination, is required to notify the local brand inspector prior to shipment of such cattle, if he finds, following a public hearing in the area, such requirement is needed to protect cattle owners from losses by theft or straying of their livestock.

history: (History: Amended by Stats. 1977, Ch. 385.)

article: 5. Procedure


text: The brand inspection of cattle as provided for in this chapter shall be conducted in such a way as to minimize the disruption of normal cattle raising operations. Both the feedlot management and personnel and the brand inspector shall jointly handle the cattle at a time and in a manner that is not detrimental to the livestock involved. However, nothing in this section shall prevent any cattle from being brand inspected pursuant to Section 21051.

article: 5. Procedure


text: If requested to do so, the person in charge of the animals shall furnish the inspector with a list of the brands and marks on them to the best of his ability.

article: 5. Procedure


text: If, upon inspection, there is found any animal which does not bear the recorded brand of the person that presents the animal for inspection, such person shall show the inspector a bill of sale, certificate of inspection, dairy exemption number, or other proof of ownership of such animal.

history: (History: Amended by Stats. 1979, Ch. 318.)

article: 5. Procedure


text:
The shipper or person in charge of cattle being shipped or offered for inspection is responsible for sorting out stray animals and identifying such strays to the brand inspector prior to inspection.

(a) Any expense for feed and transportation incurred in the recovery of stray animals shipped without inspection, or shipped for inspection at destination, without the knowledge and consent of the owner, shall be recovered from the person responsible for the shipment.

(b) Any person failing to cut out or identify stray animals which are shipped without inspection or shipped for inspection at destination shall pay a penalty upon a first violation of fifty dollars ($50) for each animal; upon a second violation within the same 12-month period, a penalty of one hundred dollars ($100) for each animal; upon a third violation within the same 12-month period, a penalty of two hundred dollars ($200) for each animal; and upon the fourth or subsequent violation within the same 12-month period, a penalty of five hundred dollars ($500) for each animal to the Bureau of Livestock Identification which is in addition to any other penalty provided by law.

(c) For purposes of determining subsequent violations, each shipment of cattle to a single destination point in one calendar day constitutes one violation.

history: (History: Amended by Stats. 1984, Ch. 558, Sec. 4.)

article: 5. Procedure


text: It is unlawful for any inspector to issue a certificate of inspection unless he personally made the inspection between sunrise and sunset.

article: 6. Certificate of Inspection

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 6. Certificate of Inspection


text: If satisfied that the person that offers the cattle for inspection is in lawful possession of them, the inspector shall issue a certificate of inspection.

article: 6. Certificate of Inspection


text:
The certificate of inspection shall be signed by the inspector and shall show all of the following:

(a) The place and date of inspection and the number of animals inspected.

(b) The sex, the brand, if any, on each branded animal recorded in the name of the owner of the animal, or the marks and brands under which the animal was offered for inspection, and such additional marks and brands as may be required by the chief.

(c) The sex, natural marks, and breed of unbranded animals.

(d) If the animals are to be transported, the names of the shipper and of the consignee and the origin and destination of the shipment.

(e) If the animals are to be transported, the length of time necessary to move the shipment between the point of inspection and the point of destination. The inspector shall determine the amount of time needed for this purpose, based upon the information provided to him at the time of inspection.

Such certificate shall only be valid for transportation purposes during the period of time specified thereon by the inspector.

history: (History: Amended by Stats. 1973, Ch. 938.)

article: 6. Certificate of Inspection


text: One copy of the certificate of inspection shall accompany the shipment.

article: 6. Certificate of Inspection


text: Unless the inspector who issued the certificate is notified and approves, it is unlawful for any person to remove any animal and substitute another for it, or to add other animals or take animals away from any lot of cattle for which a certificate has been issued until after the shipment or slaughter is completed.

article: 6. Certificate of Inspection


text:
Cattle which are shipped for slaughter from either of the following points of origin may be inspected by the director without any charge prior to slaughter on a monitoring basis sufficient to assure that uninspected cattle are not being slaughtered:

(a) Registered feedlots.

(b) Public salesyards or livestock markets in this state that are licensed by the state or posted by the United States Department of Agriculture under the Packers and Stockyards Act.

The director shall adopt the regulations necessary to implement this section.

article: 6. Certificate of Inspection


text: Whenever the director upon the inspection provided for by Section 21206 finds any cattle that have not been inspected in accordance with subdivisions (d), (f) and (g) of Section 21051, he shall inspect the cattle and charge for the inspection.

article: 6. Certificate of Inspection


text: In addition to any other penalty, any person who slaughters cattle at a slaughter plant without the brand inspection required by this chapter, shall pay a penalty fee of twenty-five dollars ($25) for each head of cattle so slaughtered.

article: 6. Certificate of Inspection


text:
Unless the shipment is released pursuant to Section 21233 or 21744, no common carrier, or owner or driver of any conveyance shall receive for transporation or transport any cattle until they have been inspected, and the carrier, owner, or driver has been furnished with duplicate brand inspection certificates that are signed by an inspector, which show all of the following:

(a) Any brands and marks.

(b) The names of the shipper and consignee.

(c) The origin and destination of the shipment.

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 7. Duplicate Brand Inspection Certificates


text: The duplicate brand inspection certificate shall accompany to destination any cattle which are transported over a public thoroughfare.

article: 7. Duplicate Brand Inspection Certificates


text: The chief may release, or provide for the release of, cattle without the inspection which is required by Section 21231, but inspection shall be made en route or at the point of destination. The owner shall keep such cattle segregated until they are inspected.


text: Any brand inspection certificate which has been altered, defaced, or changed is void. An inspector may, however, indicate on an inspection certificate any number of cattle which are sold by the holder of the inspection certificate, if he signs and dates such alterations on the inspection certificate.

history: (History: Amended by Stats. 1969, Ch. 730.)


text: Except as otherwise provided in Section 21236, it is unlawful for any person to alter, deface, or change any brand inspection certificate.


text: Except as otherwise provided in Section 21236, it is unlawful for any person to possess, or present to an inspector or any peace officer, any brand inspection certificate that has been altered, defaced, or otherwise changed.

history: (History: Added by Stats. 1973, Ch. 938.)


text: The chief may provide for the issuance of shipping permits for inspected cattle which are shipped by railroad, or for cattle that are covered by one certificate of inspection, which are transported in more than one conveyance.

article: 8. Shipping Permits

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 8. Shipping Permits


text: All brand inspection fees are due and payable at the time of the inspection. The amount which is due for all inspections that are made shall be paid to the director within 30 days after the issuance of the brand inspection certificates by the inspector for the cattle which were inspected, unless there is on deposit with the bureau a bond in an amount and form which is approved by the chief or a cash deposit to cover the payment of the fees.

history: (History: Amended by Stats. 1984, Ch. 635, Sec. 2.)

article: 9. Fees

path: 10. CATTLE PROTECTION > 6. Inspection of Cattle > 9. Fees


text: In addition to other applicable fees, as provided by this chapter, the secretary may impose a service charge in an amount not to exceed twenty-five dollars ($25) for an inspection of 29 head of cattle or less at each site, or a service charge of fifteen dollars ($15) for an inspection of 30 head of cattle or more at each site.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 126. (AB 991) Effective January 1, 2020.)

article: 9. Fees


text:
Any fees which are due and payable for brand inspections which are not paid as required by this article may be recovered by the director pursuant to Section 281. Inspection services may be refused for nonpayment of prior services which have been rendered.

When the brand inspection fees due are not paid in accordance with Section 21281, a penalty assessment shall be added to such fees and collected as follows:

(a) When the brand inspection fees due are greater than twenty-five dollars ($25), then 20 percent of such fees shall be added to the inspection fees.

(b) When the brand inspection fees due are twenty-five dollars ($25) or less, five dollars ($5) shall be added to the inspection fees.

article: 9. Fees


text:
(a) Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection.

(b) The fee for inspection is one dollar and sixty cents ($1.60) for each animal that is inspected, except as follows:

(1) The fee for inspection at a registered feedlot, as defined in Section 20015, is eight-five cents ($0.85) for each animal that is inspected.

(2) The fee for inspecting an animal that originated in another state and was shipped into this state for feeding direct to a registered feedlot is sixty cents ($0.60) for each animal that is inspected.

(3) The fee for inspecting an animal that was inspected at a posted stockyard, or posted saleyard, in this state, and shipped direct to a registered feedlot, is sixty cents ($0.60) for each animal that is inspected.

history: (History: Amended by Stats. 2024, Ch. 214, Sec. 1. (AB 2436) Effective January 1, 2025.)

article: 9. Fees


text: Except as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of one dollar and sixty cents ($1.60) shall be paid at the point of inspection for each animal that is inspected.

history: (History: Amended by Stats. 2024, Ch. 214, Sec. 2. (AB 2436) Effective January 1, 2025.)

article: 9. Fees


text: A charge shall not be made for the inspection of suckling calves which are accompanying their mothers if they are transported for purposes other than for sale or slaughter and without a change in ownership.

article: 9. Fees


text: The fee is one dollar and sixty cents ($1.60) for the inspection before sale of each animal at a public saleyard that is posted by the Secretary of Agriculture of the United States or at a public saleyard if the animal originated in another state and it was shipped to this state, consigned to that public stockyard or public saleyard.

history: (History: Amended by Stats. 2024, Ch. 214, Sec. 3. (AB 2436) Effective January 1, 2025.)

article: 9. Fees


text: In a modified point-of-origin inspection area, as provided in Section 21111, the fee for the inspection of cattle, other than suckling calves that are accompanying their mothers, is one dollar and sixty cents ($1.60) per head if the cattle are transported out of the area for purposes other than sale or slaughter and no change of ownership is involved.

history: (History: Amended by Stats. 2024, Ch. 214, Sec. 4. (AB 2436) Effective January 1, 2025.)

article: 9. Fees


text: For cattle, other than suckling calves accompanying their mothers, transported out of the state for purposes other than sale or slaughter and where no change of ownership is involved, the inspection fee is one dollar and sixty cents ($1.60) per head.

history: (History: Amended by Stats. 2024, Ch. 214, Sec. 5. (AB 2436) Effective January 1, 2025.)

article: 9. Fees