California Food and Agricultural Code - Division 5: Animal and Poultry Quarantine and Pest Control - Part 2: Diseased Bovines (secs. 9801 - 10610)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL [9101 11305] ( Division 5 enacted by Stats. 1967, Ch. 15. ) PART 2. DISEASED BOVINES [9801 - 10610] ( Part 2 enacted by Stats. 1967, Ch. 15. ) CHAPTER 1. Exceptions [9801- 9801.] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) 9801. This part does not apply to animals which are used in research projects of the University of California. (Enacted by Stats. 1967, Ch. 15.) CHAPTER 2. Bovine Tuberculosis [9901 - 10152] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. Definitions [9901 - 9914] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 9901. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.) 9902. “Accredited herd” means a herd of cattle for which the owner holds a valid certificate of accreditation issued to him by the United States Department of Agriculture and the department. (Enacted by Stats. 1967, Ch. 15.) 9903. “Approved veterinarian” means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin. (Enacted by Stats. 1967, Ch. 15.) 9904. “Bovine animals” means cattle. (Amended by Stats. 2004, Ch. 246, Sec. 1. Effective August 23, 2004.) javascript:submitCodesValues('9801.','6.2.1','1967','15','',%20'id 3acd2d1a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9901.','6.2.2.1','1967','15','',%20'id 3aceb3c0-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9902.','6.2.2.1','1967','15','',%20'id 3aceb3c2-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9903.','6.2.2.1','1967','15','',%20'id 3aceb3c4-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9904.','6.2.2.1','2004','246','1',%20'id 3aceb3c6-291f-11d9-9fa8-93d6a7ed919f') 2 9907. “State TB status” means an area so declared by the United States Department of Agriculture. (Repealed and added by Stats. 2004, Ch. 246, Sec. 5. Effective August 23, 2004.) 9908. “Premises” means any place where cattle have been or are kept. (Enacted by Stats. 1967, Ch. 15.) 9909. “Purebred animal” means an animal which is identified in the herd book of a breed record association that is recognized by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.) 9910. “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a tuberculosis test or that is determined to be tuberculosis upon examination. (Amended by Stats. 2004, Ch. 246, Sec. 6. Effective August 23, 2004.) 9912. “Tuberculosis test” means the use of an official test for diagnosing tuberculosis in cattle. (Amended by Stats. 2004, Ch. 246, Sec. 8. Effective August 23, 2004.) 9913. “Tuberculosis control area” means an area which is established and delimited as such by proclamation of the department. (Enacted by Stats. 1967, Ch. 15.) 9914. “Tuberculosis-exposed cattle” means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis infected material. (Added by Stats. 2004, Ch. 246, Sec. 9. Effective August 23, 2004.) javascript:submitCodesValues('9907.','6.2.2.1','2004','246','5',%20'id 3aceb3c8-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9908.','6.2.2.1','1967','15','',%20'id 3aceb3ca-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9909.','6.2.2.1','1967','15','',%20'id 3aceb3cc-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9910.','6.2.2.1','2004','246','6',%20'id 3ad03a6e-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9912.','6.2.2.1','2004','246','8',%20'id 3ad03a70-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9913.','6.2.2.1','1967','15','',%20'id 3ad03a72-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9914.','6.2.2.1','2004','246','9',%20'id 3ad03a74-291f-11d9-9fa8-93d6a7ed919f') 3 ARTICLE 2. General Provisions [9931 - 9933] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 9931. To carry out the provisions of this chapter, the inspectors or agents of the department or the United States Department of Agriculture, may at any time or place, enter upon any premises, except dwelling houses. No person shall obstruct, hamper, or interfere with the agents or inspectors while they are enforcing the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.) 9932. The State Veterinarian may make regulations as are reasonably necessary to carry into effect the provisions of this chapter to prevent bovine tuberculosis from entering and spreading within this state. (Amended by Stats. 2004, Ch. 246, Sec. 10. Effective August 23, 2004.) 9933. The department may enter into any cooperative agreement with the United States Department of Agriculture to undertake tuberculosis control pursuant to this chapter. (Added by Stats. 2004, Ch. 246, Sec. 11. Effective August 23, 2004.) ARTICLE 3. Sale and Use of Tuberculosis Tests [9941 - 9944] ( Heading of Article 3 amended by Stats. 2004, Ch. 246, Sec. 12. ) 9941. (a) The State Veterinarian may designate approved veterinarians to buy, possess, or use tuberculosis tests and may suspend or revoke that designation. (b) The State Veterinarian may designate a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests and may suspend or revoke that designation. (Amended by Stats. 2004, Ch. 246, Sec. 13. Effective August 23, 2004.) 9942. Any sale or disposition of tuberculosis tests within the state shall be reported to the department within five days after the sale or disposition. (Amended by Stats. 2004, Ch. 246, Sec. 14. Effective August 23, 2004.) javascript:submitCodesValues('9931.','6.2.2.2','1967','15','',%20'id 3ad03a78-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9932.','6.2.2.2','2004','246','10',%20'id 3ad03a7a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9933.','6.2.2.2','2004','246','11',%20'id 3ad03a7c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9941.','6.2.2.3','2004','246','13',%20'id 3ad1c020-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9942.','6.2.2.3','2004','246','14',%20'id 3ad1c022-291f-11d9-9fa8-93d6a7ed919f') 4 9943. (a) It is a misdemeanor punishable by imprisonment in the county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not an approved veterinarian to buy, possess, or use tuberculosis tests. (b) It is a misdemeanor punishable by imprisonment in a county jail for not less than 90 days, without alternative of a fine in any case, for any person who is not a duly authorized representative of the department or of the United States Department of Agriculture to possess or use tuberculosis tests. (Amended by Stats. 2004, Ch. 246, Sec. 15. Effective August 23, 2004.) 9944. It is unlawful for any person to sell or otherwise dispose of any tuberculosis test in the state that has not been produced under license of the Agricultural Research Service of the United States Department of Agriculture. (Amended by Stats. 2004, Ch. 246, Sec. 16. Effective August 23, 2004.) ARTICLE 4. Tuberculosis Tests [9971 - 9982] ( Heading of Article 4 amended by Stats. 2004, Ch. 246, Sec. 17. ) 9971. Any approved veterinarian or duly authorized representative of the department or of the United States Department of Agriculture may ear tag or otherwise identify any bovine animal to establish the identity of the animal, while applying a tuberculosis test to it. (Amended by Stats. 2004, Ch. 246, Sec. 18. Effective August 23, 2004.) 9972. The result of every tuberculosis test shall be reported to the State Veterinarian by the veterinarian who conducted the test within 48 hours after the completion of the test. (Amended by Stats. 2004, Ch. 246, Sec. 19. Effective August 23, 2004.) 9973. Every reactor, immediately upon the determination of such reaction, shall be identified, pursuant to regulations of the department and the United States Department of Agriculture, by its owner or the owner’s agent under the supervision of the approved veterinarian who conducts the tuberculosis test. (Amended by Stats. 2004, Ch. 246, Sec. 20. Effective August 23, 2004.) javascript:submitCodesValues('9943.','6.2.2.3','2004','246','15',%20'id 3ad1c024-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9944.','6.2.2.3','2004','246','16',%20'id 3ad1c026-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9971.','6.2.2.4','2004','246','18',%20'id 3ad346ca-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9972.','6.2.2.4','2004','246','19',%20'id 3ad346cc-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9973.','6.2.2.4','2004','246','20',%20'id 3ad346ce-291f-11d9-9fa8-93d6a7ed919f') 5 9974. If the State Veterinarian has reason to suspect an irregularity in the application of a tuberculosis test or the identification of reactors, the State Veterinarian may enter any premises for the purpose of examining any bovine animals in or on the premises to determine if there has been any abuse or misuse of tuberculosis, or any faulty, unskillful, or irregular technique or procedure in the application of the tuberculosis test, identification of reactors, or identification of animals tested for tuberculosis. (Amended by Stats. 2004, Ch. 246, Sec. 21. Effective August 23, 2004.) 9975. It is unlawful for any person to do any of the following: (a) Obstruct, attack, or interfere with, or permit to be obstructed, attacked, or interfered with, the State Veterinarian or an approved veterinarian who is conducting a tuberculosis test. (b) Neglect or fail to properly secure and restrain any bovine animal to be tuberculosis tested, or under tuberculosis test, for examination, injection, observation, or other procedures that pertain to a tuberculosis test. (Amended by Stats. 2004, Ch. 246, Sec. 22. Effective August 23, 2004.) 9976. It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to defeat or interfere with or to attempt to defeat or interfere with a tuberculosis test. (Amended by Stats. 2004, Ch. 246, Sec. 23. Effective August 23, 2004.) 9977. It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine in any case, for any person to obstruct, defeat, or interfere with or to attempt to obstruct, defeat, or interfere with a tuberculosis test by transporting from a premises or by hiding away or sequestering any bovine animal from or by bringing substitute bovine animals onto, such premises after receipt of a notification by the owner or person in charge of such animals on the premises from the department or from an approved veterinarian who is conducting tuberculosis tests, stating that the animals or herd on such premises will be tuberculosis tested on or before a certain date or will be under tuberculosis test for a stated period and that the animals or herd shall be held on the stated premises for a specified period. (Amended by Stats. 2004, Ch. 246, Sec. 24. Effective August 23, 2004.) javascript:submitCodesValues('9974.','6.2.2.4','2004','246','21',%20'id 3ad346d0-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9975.','6.2.2.4','2004','246','22',%20'id 3ad346d2-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9976.','6.2.2.4','2004','246','23',%20'id 3ad7dab4-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9977.','6.2.2.4','2004','246','24',%20'id 3ad7dab6-291f-11d9-9fa8-93d6a7ed919f') 6 9978. Permission in writing may be obtained from the department or the approved veterinarian who is conducting the tuberculosis tests to allow any necessary movement of the animals required to be held pursuant to Section 9977. Upon the completion of the tuberculosis test that is referred to in the notification, the department or the approved veterinarian shall issue a written release from the holding requirements of the notice. (Amended by Stats. 2004, Ch. 246, Sec. 25. Effective August 23, 2004.) 9979. It is unlawful for any person to apply a tuberculosis test to any bovine animal that has at any time been found by an approved veterinarian to be a reactor. (Amended by Stats. 2004, Ch. 246, Sec. 26. Effective August 23, 2004.) 9980. It is unlawful for any person to knowingly apply tuberculosis tests that are not approved tests. (Amended by Stats. 2004, Ch. 246, Sec. 27. Effective August 23, 2004.) 9981. It is unlawful for any person to have any tuberculosis infected or exposed bovine animal at any livestock fair or show. (Amended by Stats. 2004, Ch. 246, Sec. 28. Effective August 23, 2004.) 9982. It is unlawful for any person to knowingly sell, after notification of its condition from the department, any bovine animal that has tuberculosis as shown by a positive reaction to the tuberculosis test, physical examination, or any other method which is recognized by the department, unless the person has first obtained a permit in writing from the department. (Amended by Stats. 2004, Ch. 246, Sec. 29. Effective August 23, 2004.) ARTICLE 5. Tuberculosis Control Areas [10001 - 10007] ( Article 5 enacted by Stats. 1967, Ch. 15. ) 10001. The department may establish and maintain tuberculosis control areas within this state. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('9978.','6.2.2.4','2004','246','25',%20'id 3ad7dab8-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9979.','6.2.2.4','2004','246','26',%20'id 3ad7daba-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9980.','6.2.2.4','2004','246','27',%20'id 3ad7dabc-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9981.','6.2.2.4','2004','246','28',%20'id 3ad7dabe-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('9982.','6.2.2.4','2004','246','29',%20'id 3ad7dac0-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10001.','6.2.2.5','1967','15','',%20'id 3ad96164-291f-11d9-9fa8-93d6a7ed919f') 7 10003. When the department establishes a tuberculosis control area, the affected industry shall be notified. (Amended by Stats. 2004, Ch. 246, Sec. 31. Effective August 23, 2004.) 10004. The State Veterinarian may authorize the testing of any cattle in a tuberculosis control area to determine which animals are affected with tuberculosis. (Repealed and added by Stats. 2004, Ch. 246, Sec. 33. Effective August 23, 2004.) 10006. All owners of cattle within a tuberculosis control area that are subject to examination and tuberculosis testing shall, upon request of the department, provide necessary facilities for conducting tuberculosis tests, and render such assistance as may be required. (Amended by Stats. 2004, Ch. 246, Sec. 35. Effective August 23, 2004.) 10007. Cattle moving into a tuberculosis control area must meet the requirements specified by the State Veterinarian. (Repealed and added by Stats. 2004, Ch. 246, Sec. 37. Effective August 23, 2004.) ARTICLE 7. Slaughter of Reacting Bovine Animals [10061 - 10071] ( Article 7 enacted by Stats. 1967, Ch. 15. ) 10061. The State Veterinarian may impose a quarantine pursuant to Section 9562 when any bovine animal reacts positively to a tuberculosis test conducted by an approved veterinarian or a duly authorized representative of the department or of the United States Department of Agriculture, or determined to be tuberculous upon physical examination. (Amended by Stats. 2004, Ch. 246, Sec. 41. Effective August 23, 2004.) 10062. The value of the reacting bovine animal for which indemnity is paid shall be determined in accordance with the provisions in Sections 9592 and 9593. (Amended by Stats. 2004, Ch. 246, Sec. 42. Effective August 23, 2004.) javascript:submitCodesValues('10003.','6.2.2.5','2004','246','31',%20'id 3ad96166-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10004.','6.2.2.5','2004','246','33',%20'id 3ad96168-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10006.','6.2.2.5','2004','246','35',%20'id 3ad9616a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10007.','6.2.2.5','2004','246','37',%20'id 3adb0f1c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10061.','6.2.2.6','2004','246','41',%20'id 3adb0f20-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10062.','6.2.2.6','2004','246','42',%20'id 3adb0f22-291f-11d9-9fa8-93d6a7ed919f') 8 10063. Within 30 days after the appraisal of the reacting bovine animal, it shall be slaughtered under the supervision of the State Veterinarian. (Amended by Stats. 2004, Ch. 246, Sec. 43. Effective August 23, 2004.) 10064. Animals shall be tested or slaughtered pursuant to this article even if indemnity funds are unavailable. (Amended by Stats. 2004, Ch. 246, Sec. 44. Effective August 23, 2004.) 10065. The slaughtering of any reacting bovine animal, pursuant to this article, shall be under the supervision of the department, or of the United States Department of Agriculture. (Amended by Stats. 2004, Ch. 246, Sec. 45. Effective August 23, 2004.) 10066. The carcasses of the slaughtered animals shall be disposed of pursuant to the regulations of the department or the rules and regulations of the United States Department of Agriculture that govern meat inspection. (Amended by Stats. 2004, Ch. 246, Sec. 46. Effective August 23, 2004.) 10067. If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of tuberculosis in cattle in this state. (Amended by Stats. 2004, Ch. 246, Sec. 47. Effective August 23, 2004.) 10068. Indemnity provided by this article shall not be paid to any person in any of the following cases: (a) For any bovine animal that is brought into a tuberculosis control area that reacts to a tuberculosis test that is applied within 90 days after arrival of the animal in the area, as provided for in this chapter. javascript:submitCodesValues('10063.','6.2.2.6','2004','246','43',%20'id 3adb0f24-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10064.','6.2.2.6','2004','246','44',%20'id 3adb0f26-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10065.','6.2.2.6','2004','246','45',%20'id 3adb0f28-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10066.','6.2.2.6','2004','246','46',%20'id 3adc95ca-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10067.','6.2.2.6','2004','246','47',%20'id 3adc95cc-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10068.','6.2.2.6','2004','246','48',%20'id 3adc95ce-291f-11d9-9fa8-93d6a7ed919f') 9 (b) For any bovine animal that is brought into a tuberculosis control area in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (c) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner that is approved by an agent of the department or of the United States Department of Agriculture. (d) For any reacting bovine animal that is not slaughtered within 30 days after the animal is appraised. (e) For any animal that is owned by a federal, state, or local government entity. (f) If the person has violated any provision of this chapter that relates to a tuberculosis control area or any regulation that is made by the department that relates to such an area. (Amended by Stats. 2004, Ch. 246, Sec. 48. Effective August 23, 2004.) 10069. A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal added to his herd. (b) Unless and until the premises are maintained in a sanitary condition which is satisfactory to the department or the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.) 10070. The pedigree of any purebred bovine animal shall be proved by a certificate of registry from the herd books where the animal is registered. The registration papers of any purebred bovine animal which is slaughtered because of tuberculosis and for which indemnity is paid shall be marked “canceled” by the department. (Enacted by Stats. 1967, Ch. 15.) 10071. Each claim against the state for payment for the slaughter of any reacting bovine shall be presented to the State Controller and paid out of appropriations or funds available for that purpose in accordance with law. Every claim shall be paid within 60 days after the date of presentation if the claimant is entitled to payment. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('10069.','6.2.2.6','1967','15','',%20'id 3adc95d0-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10070.','6.2.2.6','1967','15','',%20'id 3adc95d2-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10071.','6.2.2.6','1967','15','',%20'id 3adc95d4-291f-11d9-9fa8-93d6a7ed919f') 10 ARTICLE 9. Tuberculosis-Exposed Cattle [10100 - 10103] ( Article 9 enacted by Stats. 1967, Ch. 15. ) 10100. The State Veterinarian may impose a quarantine pursuant to Section 9562 when it has been determined that any bovine animal has been exposed to tuberculosis. (Added by Stats. 2004, Ch. 246, Sec. 50. Effective August 23, 2004.) 10101. The State Veterinarian may impose tuberculosis testing requirements for tuberculosis-exposed cattle. (Repealed and added by Stats. 2004, Ch. 246, Sec. 52. Effective August 23, 2004.) 10102. Indemnity for reacting tuberculosis-exposed cattle may be available and shall be in accordance with the provision stated in Article 7 (commencing with Section 10061) of this chapter. (Repealed and added by Stats. 2004, Ch. 246, Sec. 54. Effective August 23, 2004.) 10103. The State Veterinarian may issue a special permit for the movement of tuberculosis-exposed cattle to any of the following: (a) An establishment that is operating under state, state approved, or federal meat inspection, or a public stockyards designated by the department to handle reactors and tuberculosis-exposed cattle for slaughter. (b) Premises where tuberculosis-exposed cattle are kept. (c) Premises where no spread of tuberculosis to other cattle could occur. (Amended by Stats. 2004, Ch. 246, Sec. 55. Effective August 23, 2004.) ARTICLE 11. Confinement of Cattle Subject to Examination [10151 - 10152] ( Article 11 enacted by Stats. 1967, Ch. 15. ) 10151. If the owner or any person that is in charge of cattle, after 10 days’ written notice, refuses properly to confine in corrals or stanchions any cattle that are subject to examination, tuberculosis testing, identification, or slaughter, the department shall be entitled to reimbursement from the owner for necessary costs incurred to properly examine, tuberculosis test, identify, or slaughter the cattle. (Amended by Stats. 2004, Ch. 246, Sec. 59. Effective August 23, 2004.) javascript:submitCodesValues('10100.','6.2.2.7','2004','246','50',%20'id 3ade1c78-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10101.','6.2.2.7','2004','246','52',%20'id 3ade1c7a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10102.','6.2.2.7','2004','246','54',%20'id 3ade1c7c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10103.','6.2.2.7','2004','246','55',%20'id 3ade1c7e-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10151.','6.2.2.8','2004','246','59',%20'id 3ade1c82-291f-11d9-9fa8-93d6a7ed919f') 11 10152. Any expense which is incurred by the department pursuant to Section 10151 is a lien upon the cattle. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.) CHAPTER 3. Bovine Brucellosis [10301 - 10512] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. Definitions [10301 - 10311] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 10301. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Enacted by Stats. 1967, Ch. 15.) 10302. “Accredited veterinarian” means a veterinarian who is so designated by the United States Department of Agriculture and the department. (Enacted by Stats. 1967, Ch. 15.) 10303. “Bovine animals” means neat cattle. (Enacted by Stats. 1967, Ch. 15.) 10304. “Brucellosis” means the disease of cattle which is caused by Brucella microorganisms. (Enacted by Stats. 1967, Ch. 15.) 10305. “Brucellosis control area,” means any area that has been so established by the department in order to qualify and maintain such area in accordance with certification standards of the bovine brucellosis eradication uniform methods and rules adopted by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('10152.','6.2.2.8','1967','15','',%20'id 3adfa324-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10301.','6.2.3.1','1967','15','',%20'id 3ae5bdaa-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10302.','6.2.3.1','1967','15','',%20'id 3ae5bdac-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10303.','6.2.3.1','1967','15','',%20'id 3ae5bdae-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10304.','6.2.3.1','1967','15','',%20'id 3ae5bdb0-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10305.','6.2.3.1','1967','15','',%20'id 3ae5bdb2-291f-11d9-9fa8-93d6a7ed919f') 12 10306. “Cattle” means neat cattle. (Enacted by Stats. 1967, Ch. 15.) 10307. “Official veterinarian” means a veterinarian who is in the employ of the United States Department of Agriculture or the department. (Enacted by Stats. 1967, Ch. 15.) 10308. “Premises” means any place where cattle have been or are kept. (Enacted by Stats. 1967, Ch. 15.) 10309. “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a test for brucellosis which is approved by the director. (Enacted by Stats. 1967, Ch. 15.) 10310. “Vaccinate” or “vaccination” means the use of vaccine in cattle. (Enacted by Stats. 1967, Ch. 15.) 10311. “Vaccine” means any vaccine which is produced by a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture and recognized by the department for use in preventing or treating brucellosis in cattle. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 2. General Provisions [10321 - 10327] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 10321. The department may enter into any cooperative arrangement with the United States Department of Agriculture to undertake brucellosis control pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('10306.','6.2.3.1','1967','15','',%20'id 3ae74454-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10307.','6.2.3.1','1967','15','',%20'id 3ae74456-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10308.','6.2.3.1','1967','15','',%20'id 3ae74458-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10309.','6.2.3.1','1967','15','',%20'id 3ae7445a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10310.','6.2.3.1','1967','15','',%20'id 3ae7445c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10311.','6.2.3.1','1967','15','',%20'id 3ae7445e-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10321.','6.2.3.2','1967','15','',%20'id 3ae8cb02-291f-11d9-9fa8-93d6a7ed919f') 13 10322. To carry out the provisions of this chapter, any duly authorized representative of the department or of the United States Department of Agriculture, may enter upon any premises except dwelling houses. No person shall interfere with the representative while he is enforcing the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.) 10323. The department may use the services of official veterinarians or contract with accredited veterinarians to carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.) 10324. The director may make such regulations as are reasonably necessary to carry this chapter into effect. He may require such reports and records as are necessary. (Enacted by Stats. 1967, Ch. 15.) 10325. Every accredited veterinarian who is conducting work pursuant to this chapter shall submit reports to the department on forms that are furnished for that purpose. (Enacted by Stats. 1967, Ch. 15.) 10326. In addition to any other authority in this part that is available to the director for the purpose of preventing the spread of any disease of livestock, the director may adopt regulations to prevent the spread within this state of bovine brucellosis through limitations on movement of bovine animals or through such tests or vaccinations or other means as he may find and determine to be necessary. If he finds and determines that similar regulations are necessary interstate, he shall notify the Governor in order that the procedure which is set forth in Section 9570 may be followed. (Enacted by Stats. 1967, Ch. 15.) 10327. To accomplish the purpose of this chapter and to prevent outbreaks of brucellosis, the director shall by regulation establish conditions for the movement of female dairy cattle, such as evidence of calfhood vaccination or other appropriate recognized tests. (Added by Stats. 1970, Ch. 802.) javascript:submitCodesValues('10322.','6.2.3.2','1967','15','',%20'id 3ae8cb04-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10323.','6.2.3.2','1967','15','',%20'id 3ae8cb06-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10324.','6.2.3.2','1967','15','',%20'id 3ae8cb08-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10325.','6.2.3.2','1967','15','',%20'id 3ae8cb0a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10326.','6.2.3.2','1967','15','',%20'id 3ae8cb0c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10327.','6.2.3.2','1970','802','',%20'id 3aea51ae-291f-11d9-9fa8-93d6a7ed919f') 14 ARTICLE 3. Vaccines [10341 - 10342] ( Article 3 enacted by Stats. 1967, Ch. 15. ) 10341. Any vaccine which is used pursuant to this chapter shall be procured by the department from a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture. The vaccine, after purchase directly from the laboratory, shall be distributed by the department. (Enacted by Stats. 1967, Ch. 15.) 10342. It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess or use a vaccine or antigen which contains brucella micro-organisms, except pursuant to the regulations of the director. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 4. Vaccinations [10351 - 10359] ( Article 4 enacted by Stats. 1967, Ch. 15. ) 10351. All female dairy calves shall be vaccinated by an official veterinarian or an accredited veterinarian, who is authorized by the department, at such ages as are designated by the department. Male dairy calves and beef calves may, at the option of the owner, be vaccinated. (Enacted by Stats. 1967, Ch. 15.) 10352. Each calf which is vaccinated pursuant to this chapter shall have an official tattoo placed in the right ear by the veterinarian who performs the service that shows the period within which the animal was vaccinated, or such other evidence of vaccination or identification as the department may by regulation specify. (Amended by Stats. 1977, Ch. 646.) 10353. The owner of any calf which is to be vaccinated pursuant to this chapter shall, upon request of the department, provide the necessary facilities and assistance for such vaccination. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('10341.','6.2.3.3','1967','15','',%20'id 3aea51b2-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10342.','6.2.3.3','1967','15','',%20'id 3aea51b4-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10351.','6.2.3.4','1967','15','',%20'id 3aed5ef8-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10352.','6.2.3.4','1977','646','',%20'id 3aed5efa-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10353.','6.2.3.4','1967','15','',%20'id 3aed5efc-291f-11d9-9fa8-93d6a7ed919f') 15 10354. If the owner or any person that is in charge of any dairy calf, after 10 days’ written notice by the department, refuses properly to confine in a corral or stanchions, any calf which is required to be vaccinated and identified pursuant to this chapter, the department may in such case incur such expense as is necessary to properly vaccinate and identify the calf. (Enacted by Stats. 1967, Ch. 15.) 10355. Any expense which is incurred by the department pursuant to Section 10354 is a lien upon the calf which is vaccinated and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien is given by the department to the owner or person that is in possession of the calf, the lien shall be enforced pursuant to Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.) 10356. The vaccination of any bovine animal pursuant to the provisions of this chapter shall be by either an official veterinarian or an accredited veterinarian, who is authorized by the department. The director may charge a reasonable fee to cover the cost of any vaccination performed by an official veterinarian other than the cost of the vaccine. (Repealed and added by Stats. 1970, Ch. 802.) 10357. It is unlawful for any person to refuse to submit a dairy calf which is required to be vaccinated and identified pursuant to this chapter to such vaccination. (Enacted by Stats. 1967, Ch. 15.) 10358. It is unlawful for any person to remove any official mark which is required by this chapter, or to imitate or simulate such official mark. (Enacted by Stats. 1967, Ch. 15.) 10359. It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to buy, possess, or use any device which is designed to produce a mark, stamp, or tattoo that simulates in design the official tattoo, tag, or mark that is adopted by the javascript:submitCodesValues('10354.','6.2.3.4','1967','15','',%20'id 3aed5efe-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10355.','6.2.3.4','1967','15','',%20'id 3aed5f00-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10356.','6.2.3.4','1970','802','',%20'id 3aed5f02-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10357.','6.2.3.4','1967','15','',%20'id 3aeee5a4-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10358.','6.2.3.4','1967','15','',%20'id 3aeee5a6-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10359.','6.2.3.4','1967','15','',%20'id 3aeee5a8-291f-11d9-9fa8-93d6a7ed919f') 16 department and the United States Department of Agriculture for identifying cattle which are officially vaccinated against brucellosis. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 5. Brucellosis Control Areas [10381 - 10387] ( Article 5 enacted by Stats. 1967, Ch. 15. ) 10381. The department may, after hearing, establish and maintain brucellosis control areas within this state. (Enacted by Stats. 1967, Ch. 15.) 10382. The department shall examine and test such cattle for brucellosis in any brucellosis control area as the director may specify, as often as may be deemed necessary to qualify and maintain such area within the standards of certification which are adopted by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.) 10383. All owners of cattle which are subject to examination and testing for brucellosis within a brucellosis control area shall, upon request of the department, provide the necessary facilities for collecting such samples of blood or milk as may be deemed necessary to conduct tests for brucellosis, and shall render such assistance as may be required. (Enacted by Stats. 1967, Ch. 15.) 10384. If any owner or person that is in charge of cattle, after 10 days’ written notice by the department, refuses properly to confine in corrals, stanchions, or chutes, any cattle within a brucellosis control area which are required to be tested and identified pursuant to this chapter, the owner is guilty of a misdemeanor and the department may in such case incur such expense as is necessary to properly confine and identify the cattle. (Enacted by Stats. 1967, Ch. 15.) 10385. Any expense which is incurred by the department pursuant to Section 10384 is a lien upon the cattle which are tested and identified. Unless the amount of the lien is paid within 10 days after written notice of the amount of the lien has been given by javascript:submitCodesValues('10381.','6.2.3.5','1967','15','',%20'id 3aeee5ac-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10382.','6.2.3.5','1967','15','',%20'id 3aeee5ae-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10383.','6.2.3.5','1967','15','',%20'id 3aeee5b0-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10384.','6.2.3.5','1967','15','',%20'id 3af06c52-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10385.','6.2.3.5','1967','15','',%20'id 3af06c54-291f-11d9-9fa8-93d6a7ed919f') 17 the department to the owner or person that is in possession of the cattle, the lien shall be enforced pursuant to Section 3052 of the Civil Code. (Enacted by Stats. 1967, Ch. 15.) 10386. The director shall, by regulation, designate the conditions under which cattle may be moved into a brucellosis control area. (Enacted by Stats. 1967, Ch. 15.) 10387. It is unlawful for any person to refuse to submit any cattle which are required to be tested pursuant to this chapter, for the collection of milk or blood samples, or to refuse to submit any milk samples which are necessary for the testing of cattle for brucellosis pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 6. Slaughter of Reacting Bovine Animals [10401 - 10407] ( Article 6 enacted by Stats. 1967, Ch. 15. ) 10401. Any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis shall immediately be identified pursuant to the regulations of the secretary. The animal shall be slaughtered within 30 days in accordance with the regulations of the secretary. (Amended by Stats. 1996, Ch. 653, Sec. 7. Effective January 1, 1997.) 10402. The value of an animal which is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his agent. If such persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department or his representative. In either event, the value which is determined is final. (Enacted by Stats. 1967, Ch. 15.) 10403. Within 30 days after the appraisal of the animal, it shall be slaughtered under the supervision of the director. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('10386.','6.2.3.5','1967','15','',%20'id 3af06c56-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10387.','6.2.3.5','1967','15','',%20'id 3af06c58-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10401.','6.2.3.6','1996','653','7',%20'id 3af06c5c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10402.','6.2.3.6','1967','15','',%20'id 3af06c5e-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10403.','6.2.3.6','1967','15','',%20'id 3af50040-291f-11d9-9fa8-93d6a7ed919f') 18 10404. Where it is necessary to prevent the spread within this state of bovine brucellosis, the director may provide for the slaughter of animals. (Enacted by Stats. 1967, Ch. 15.) 10405. If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner of the animal may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of brucellosis in cattle in this state. (Repealed and added by Stats. 2013, Ch. 623, Sec. 2. (AB 1319) Effective January 1, 2014.) 10406. Indemnity shall not be paid to any person in any of the following cases: (a) For any steer or grade bull that is determined to be a reactor. (b) For any bovine animal that is brought into a brucellosis control area, that reacts to a brucellosis test which is applied within 90 days after the arrival of the animal in the area as provided for in this chapter. (c) For any bovine animal that is brought into a brucellosis control area, in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (d) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner approved by an agent of the department or of the United States Department of Agriculture. (e) For any reacting bovine animal that is not slaughtered within 30 days after the animal was appraised. (f) For any animal that is owned by the United States, this state, or any county or city in the state. (g) For any bovine animal that was vaccinated for brucellosis after reaching 12 months of age. However, indemnity shall be provided for any bovine animal that was vaccinated after reaching 12 months of age and that was part of an official whole herd adult vaccination plan approved by the secretary. “Official whole herd adult vaccination plan” means a plan, approved by the secretary, whereby all female cattle exceeding 12 months of age are vaccinated against brucellosis using an approved vaccine as defined in Section 10311 and are identified as required by the department. (h) For any bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 18 consecutive months, except as provided by subdivision (i). javascript:submitCodesValues('10404.','6.2.3.6','1967','15','',%20'id 3af50042-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10405.','6.2.3.6','2013','623','2',%20'id cd1477fb-6f34-11e3-83ef-cbcb5662ec34') javascript:submitCodesValues('10406.','6.2.3.6','1996','653','8',%20'id 3af50046-291f-11d9-9fa8-93d6a7ed919f') 19 (i) For any officially adult vaccinated bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 22 consecutive months. (j) If the person has violated any provision of this chapter that relates to a brucellosis control area, or any regulation that is adopted by the department that relates to such an area. (Amended by Stats. 1996, Ch. 653, Sec. 8. Effective January 1, 1997.) 10406.5. (a) The owner of a herd that is subject to subdivision (h) or (i) of Section 10406 may appeal to the director in writing, on a form as prescribed by the director, for continuation of indemnity payments. (b) Upon a determination that the herd owner was in full compliance with the laws and regulations, the director, notwithstanding Section 10406, may grant a continuation of indemnity payments to the herd owner for a period of time deemed appropriate by the director. (Amended by Stats. 1993, Ch. 56, Sec. 10. Effective January 1, 1994.) 10407. A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter have been fully complied with for each and every bovine animal that is added to his herd. (b) Unless and until the premises are maintained in a sanitary condition, which is satisfactory to the department or the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 7. Slaughter of Exposed Nonreacting Animals [10421 - 10423] ( Article 7 enacted by Stats. 1967, Ch. 15. ) 10421. Notwithstanding any other provision of this chapter, the secretary may proceed with the identification of nonreacting animals in a herd in the same manner as provided in Section 10401 and require the slaughter of those animals and the disinfection of the premises where the animals have been kept if all of the following requirements are satisfied: (a) The secretary determines that bovine brucellosis cannot be eradicated or effectively controlled in the particular herd by the usual recognized methods. (b) The secretary determines that slaughter of the remaining exposed nonreacting animals in the herd is the best and most practical method of attaining eradication or control. (c) The secretary has entered into a voluntary agreement with the owner of the nonreacting animals to carry out the purposes and conditions of this chapter. javascript:submitCodesValues('10406.5.','6.2.3.6','1993','56','10',%20'id 3af50048-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10407.','6.2.3.6','1967','15','',%20'id 3af5004a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10421.','6.2.3.7','1996','653','9',%20'id 3af686ee-291f-11d9-9fa8-93d6a7ed919f') 20 (d) Funds are available to indemnify the owner of the nonreacting animals. (Amended by Stats. 1996, Ch. 653, Sec. 9. Effective January 1, 1997.) 10422. The value of a nonreacting animal that is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his or her agent. If these persons do not agree on the valuation of the animal, the animal shall be appraised by the chief appraiser of the department, or his or her representative. In either event, the value that is determined is final. (Repealed and added by Stats. 2013, Ch. 623, Sec. 4. (AB 1319) Effective January 1, 2014.) 10422.5. If a nonreacting animal is slaughtered pursuant to this article, and indemnity funds are available, the owner of the animal may receive part or all of the following: (a) The proceeds of the sale of the salvage of the animal. (b) From the United States Department of Agriculture, any sum that is authorized to be paid to the owner from any appropriation that is made by the United States Department of Agriculture to assist in the eradication of brucellosis in cattle in this state. (Added by Stats. 2013, Ch. 623, Sec. 5. (AB 1319) Effective January 1, 2014.) 10423. Indemnity provided by this article shall not be paid in any of the following cases: (a) For any bovine animal which reacts to the brucellosis test or shows active brucellosis prior to or at slaughter. In this case, the indemnity rate which is provided in Section 10405 shall apply. (b) For any bovine animal, unless all exposed cattle, swine, goats, sheep, and horses on the premises are slaughtered. (c) For any bovine animal, until the premises where the animal has been kept have been cleaned and disinfected by the owner in a manner which is approved by an agent of the department or of the United States Department of Agriculture. (d) For any steer or grade bull. (e) For any animal which is owned by the United States, this state, or any county or city in the state. (f) If the owner is in violation of any provision of this chapter or any regulation which is made by the department that relates to bovine brucellosis. (g) For any animal which is not slaughtered within 30 days after such animal is appraised. (h) For any bovine animal which originated in another state or country that has not been in this state for at least 90 days. (Amended by Stats. 1969, Ch. 304.) javascript:submitCodesValues('10422.','6.2.3.7','2013','623','4',%20'id cfb7f9ad-6f34-11e3-83ef-cbcb5662ec34') javascript:submitCodesValues('10422.5.','6.2.3.7','2013','623','5',%20'id d2101a7f-6f34-11e3-83ef-cbcb5662ec34') javascript:submitCodesValues('10423.','6.2.3.7','1969','304','',%20'id 3af686f2-291f-11d9-9fa8-93d6a7ed919f') 21 ARTICLE 8. Brucellosis Eradication Compensation Costs [10492 - 10496] ( Article 8 repealed and added by Stats. 1977, Ch. 646. ) 10492. If an owner of cattle refuses to slaughter exposed, nonreacting bovine animals pursuant to the provisions of Article 7 (commencing with Section 10421) when requested by the director to do so, the cattle owner shall then be responsible for paying to the director the full costs of the department in eradicating brucellosis from his herd. Such responsibility shall begin with the refusal to slaughter exposed, nonreacting animals and shall continue until brucellosis is eradicated from the herd. (Repealed and added by Stats. 1977, Ch. 646.) 10493. The following procedures shall be followed when brucellosis has been identified in a herd of cattle: (a) An official veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved in order to determine the specific methods and actions necessary to eradicate the disease from the herd. (b) Upon request of the owner of the infected herd, the investigation provided for in subdivision (a) shall be conducted with the assistance and participation of a licensed veterinarian selected by such owner. (c) An official epidemiological report shall be prepared which shall specify the methods and actions necessary to eradicate the disease, and shall include reasonable guidelines for timing the accomplishment of the various tasks associated with such activity. (d) Any person who is aggrieved at any determination made pursuant to this section may appeal in writing to the director within five days after notice of such determination. The director may affirm, reverse or modify such determination after his review of the epidemiological report and the issues involved. (e) The epidemiological report required by subdivision (c) shall become the basis for a memorandum of understanding which shall be developed between the owner of the infected herd and the department covering the following points: (1) Herd management practices that will be employed to facilitate the disease eradication effort. (2) Any physical facilities modification that will be required in the eradication effort. (3) Specific dates for accomplishing the various tasks required in the eradication effort. This memorandum of understanding may be developed with the participation of a licensed veterinarian if such veterinarian participated in the epidemiological investigation pursuant to subdivision (b). (Added by Stats. 1977, Ch. 646.) javascript:submitCodesValues('10492.','6.2.3.8','1977','646','',%20'id 3af80d96-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10493.','6.2.3.8','1977','646','',%20'id 3af80d98-291f-11d9-9fa8-93d6a7ed919f') 22 10494. If an owner of brucellosis infected or exposed cattle refuses to participate in the development and signing of the memorandum of understanding required by subdivision (e) of Section 10493, or fails or refuses to comply with the provisions of such memorandum, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person. (Added by Stats. 1977, Ch. 646.) 10495. If an owner of a brucellosis infected herd violates any law or regulation pertaining to brucellosis eradication, the cattle owner shall immediately become responsible for paying to the director all further costs incurred by the department in eradicating the disease from the herd of cattle owned by such person. (Added by Stats. 1977, Ch. 646.) 10496. (a) An owner who fails to achieve eradication of brucellosis in his or her herd is responsible for the costs of maintaining the required testing schedule after 24 months from the date of an order to hold issued by the director pursuant to Section 9565. Evidence of eradication shall consist of a release from a hold issued by the director pursuant to Section 9567. (b) If the director requires an infected herd to be officially adult vaccinated to control the spread of the disease, the time interval provided in subdivision (a) shall be extended from 24 to 28 months. (c) Notwithstanding subdivisions (a) and (b), the owner of a herd which, on the effective date of this section, is under an order to hold, issued by the director prior to that effective date, shall be subject to this section 24 months from that effective date or 28 months from that effective date for officially adult vaccinated herds. (d) This section shall not apply to the owner of a herd that has been granted a continuation of indemnity payments as provided by Section 10406.5. (Added by Stats. 1987, Ch. 320, Sec. 5. Effective July 30, 1987.) ARTICLE 9. Movement of Animals [10511 - 10512] ( Article 9 added by Stats. 1983, Ch. 664, Sec. 1. ) 10511. “Beef breeds” means breeds of cattle that are grown for meat production purposes, as determined by the secretary. (Amended by Stats. 2001, Ch. 503, Sec. 22. Effective January 1, 2002.) javascript:submitCodesValues('10494.','6.2.3.8','1977','646','',%20'id 3af80d9a-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10495.','6.2.3.8','1977','646','',%20'id 3af80d9c-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10496.','6.2.3.8','1987','320','5',%20'id 3af80d9e-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10511.','6.2.3.9','2001','503','22',%20'id 3af99442-291f-11d9-9fa8-93d6a7ed919f') 23 10512. Female cattle of the beef breeds, which are over 12 months of age, and sold within the state, shall bear evidence of official calfhood brucellosis vaccination by the presence of an official tattoo visible in the right ear, or by any other evidence of vaccination or identification as the department may, by regulation, specify. Official calfhood brucellosis vaccination shall not be required for change of ownership in the following cases: (a) Spayed heifers identified as the department may specify. (b) Female cattle of the beef breeds moving directly to a slaughter establishment. (c) Unvaccinated female cattle of the beef breeds sold to slaughter through approved saleyards. (d) Unvaccinated female cattle of the beef breeds moving to approved feedlots for a period of time before going to slaughter. These animals shall be moved directly to a slaughter establishment from the approved feedlot. (Amended by Stats. 2001, Ch. 503, Sec. 23. Effective January 1, 2002.) CHAPTER 4. Cattle Disease Control [10610- 10610.] ( Chapter 4 added by Stats. 2000, Ch. 425, Sec. 1. ) 10610. (a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in any of the following ways: (1) Requiring permits before entry of, and limitations on the importation of, cattle and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle. (2) Limitations on the intrastate or interstate movement of cattle, in compliance with any applicable federal law. (3) Diagnostic tests, vaccinations, treatments, or other appropriate methods, including, but not limited to, the mandated reporting by designated parties of diseases or suspected diseases. (4) Notification of owners of cattle that have been exposed, or may have been exposed, to infectious animals or materials. (5) Similar means that the secretary finds and determines are necessary. (b) (1) The secretary shall appoint an advisory task force, including, but not limited to, livestock industry representatives and university researchers, for the purposes of advising the secretary on the control and management of cattle health diseases and evaluating the effectiveness of programs established pursuant to this chapter. The secretary shall consult with the advisory task force prior to the adoption of regulations or the imposition of fees by the secretary. (2) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (c) (1) Any person that willfully and knowingly violates any regulation adopted pursuant to this chapter is guilty of a misdemeanor. javascript:submitCodesValues('10512.','6.2.3.9','2001','503','23',%20'id 3af99444-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('10610.','6.2.4','2001','503','24',%20'id 3af99448-291f-11d9-9fa8-93d6a7ed919f') 24 (2) The secretary may, at his or her discretion, prosecute civilly or seek civil penalties, pursuant to Sections 9166 and 9167. (d) The secretary may impose fees to offset the costs of any program established pursuant to this section, provided that the total fees collected do not exceed the actual costs of regulation or impair the department’s responsibilities pursuant to this chapter. (e) The secretary is authorized to establish accounts within the Food and Agriculture Fund as necessary to efficiently administer the department’s responsibilities pursuant to this chapter. (f) Nothing in this chapter shall be construed to limit or restrict the authority granted to the State Veterinarian in Section 9562. (Amended by Stats. 2001, Ch. 503, Sec. 24. Effective January 1, 2002.)