DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE [23001. - 24134.]
Division 11 enacted by Stats. 1967, Ch. 15.
§§ 23001–24134 · 79 sections
CHAPTER 1. General Provisions §§ 23001–23123 · 13 sections
ARTICLE 1. Application § 23001 · 1 section
- § 23001 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 2. Regulations § 23021 · 1 section
- § 23021 The director shall enforce this division. He may make such regulations as are reasonably necessary for such enforcement.
ARTICLE 3. Investigations and Seizures §§ 23041–23045 · 4 sections
- § 23041 The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180),…
- § 23043 Any agent of the department or any peace officer may, for the purpose of making an investigation, do any of the following: (a) Stop any conveyance which is…
- § 23044 Any expense which is incurred pursuant to Section 23043 shall be paid by the owner. The cost of caring for the property which is held pursuant to Section 23043…
- § 23045 Any animal which is seized by, or comes into the possession of an inspector pursuant to this division shall be disposed of pursuant to Chapter 7 (commencing…
ARTICLE 4. Criminal Penalties § 23071 · 1 section
- § 23071 Every person that violates any provision of this division is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one…
ARTICLE 5. Civil Penalties and Remedies §§ 23091–23093 · 3 sections
- § 23091 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…
- § 23092 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…
- § 23093 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…
ARTICLE 6. Collection and Disposition of Money §§ 23121–23123 · 3 sections
- § 23121 Any money in the Department of Agriculture Fund which is derived pursuant to this division may be expended for the administration and enforcement of any of the…
- § 23122 The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees, penalties, judgments or…
- § 23123 A civil action may be brought by the director to recover any fee, penalty, or other money that may become due pursuant to this division.
CHAPTER 2. Brands and Brand Records §§ 23251–23281 · 4 sections
ARTICLE 1. Horses, Mules, Burros, or Sheep §§ 23251–23252 · 3 sections
- § 23251 Any person that desires to use a brand on horses, mules, burros, or sheep shall be governed by the same provisions and procedures with reference to such…
- § 23251.1 For the purposes of this article, “brand” also includes a design which is made by applying a super-cold iron that permanently causes white hair growth or a…
- § 23252 Any person that owns a registered cattle brand may use the same brand on the same location on horses, mules, burros, sheep, or swine if it is not in conflict…
ARTICLE 2. Swine § 23281 · 1 section
- § 23281 Brands for swine may be recorded pursuant to the same provisions and procedures as are made applicable to the recording of brands for cattle in Chapter 4…
CHAPTER 3. Inspection of Animals §§ 23401–23405 · 3 sections
ARTICLE 1. Horses, Mules, and Burros §§ 23401–23405 · 3 sections
- § 23401 Inspection of horses, mules, and burros for shipment out of the state may be made at the request of the owner in the same manner and for the same fees as are…
- § 23404 A certificate of inspection shall not be issued unless a bill of sale or other proof of ownership is exhibited at the time of the inspection.
- § 23405 Every slaughterer of horses, mules, or burros shall have on file in his office for a period of one year after slaughter the original bill of sale of the…
CHAPTER 6. Sale or Gift §§ 23801–23802 · 2 sections
- § 23801 A person shall not buy, sell, or accept a horse, mule, burro, or sheep, the carcass of any such animal from which the hide or skin has not been removed, or the…
- § 23802 The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee pursuant to Section 23801 does not have any…
CHAPTER 7. Transportation § 23981 · 1 section
- § 23981 A person shall not transport any sheep, unless the sheep are accompanied by a bill of lading which shows all of the following: (a) The name of the owner of the…
CHAPTER 8. Drugging of Horses §§ 24000–24018 · 21 sections
- § 24000 The Legislature finds and declares the following: (a) That the public has a valuable interest in public equine events and public horse sales. (b) That it is…
- § 24001 For purposes of this chapter: (a) “Event” means a public equine event or public horse sale that is held in the state, including a cutting horse competition, an…
- § 24002 The secretary has jurisdiction of all events under this chapter and shall administer and enforce this chapter.
- § 24003 Except as otherwise prohibited by law, the full use of modern therapeutic measures for the improvement and protection of the health of the horses is permitted.
- § 24004 A horse shall not be shown in any class at an event if it has been administered in any manner a prohibited substance or permissible substance in violation of…
- § 24005 The trainer or owner, or both the trainer and owner, in the absence of substantial evidence to the contrary, is responsible for a horse’s condition and is…
- § 24006 A trainer, owner, or both the trainer and owner, event manager, or any person who administers, attempts to administer, instructs, authorizes, aids, conspires…
- § 24007 (a) In addition to any other penalty or fine prescribed by law, a trainer or owner, or both the trainer and owner, of a horse found to have received a…
- § 24008 A horse at an event is subject to examination under the direction of a licensed veterinarian of the department or agent of the licensed veterinarian. The…
- § 24009 Whether a horse is in competition or not, refusal to submit a horse in an event for examination, or refusal to cooperate with the licensed veterinarian, or his…
- § 24010 If the chemical analysis of blood, urine, saliva, or other samples taken from a horse indicate the presence of a prohibited substance or permissible substance…
- § 24011 (a) A horse that has received a prohibited substance shall not be eligible for show, competition, or sale, unless the following requirements have been met and…
- § 24011.6 The therapeutic administration of a permissible substance is permitted before and during all events except public auctions, provided that the dosage does not…
- § 24012 (a) (1) To provide funds for enforcement of this chapter, the event manager of every event shall charge and collect the applicable fee for each horse entered…
- § 24013 (a) The secretary shall adopt those reasonable rules and regulations as are necessary to carry out this chapter. (b) The secretary shall adopt an exempt…
- § 24013.5 (a) The secretary shall appoint an advisory committee to serve without compensation. The committee shall meet at least once a year, however, the chairperson…
- § 24014 It is the intent of the Legislature that each of the persons appointed to the advisory committee pursuant to Section 24013.5 represent and further the…
- § 24015 (a) Every event shall be registered with the department, unless otherwise prescribed by the secretary by regulation. The event manager of an event shall file a…
- § 24016 No provision contained in this chapter shall in any way affect existing statutes governing horseracing or affect horse sales or horse auction sales when such…
- § 24017 This chapter shall not apply to any horse one year of age or less entered in any public horse sale, if public notice of the administering of any drug or…
- § 24018 The secretary may accept on behalf of the state, donations of money from any person, association, or agency interested in the control of drugging of horses.…
CHAPTER 9. Equine Protection: Enforcement §§ 24101–24134 · 35 sections
- § 24101 This chapter shall be known and may be cited as the Equine Protection Act of 1991.
- § 24102 For purposes of this chapter: (a) “Animal” means a horse, pony, mule, or burro. (b) “Program” means the program of equine protection and identification of the…
- § 24103 There is in the department a program of equine protection and identification.
- § 24104 Each sheriff or other officer to whom a complaint that relates to the loss or theft of any animal is made shall, in a timely manner, transmit to the Bureau of…
- § 24104.5 The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104. The bureau shall distribute the report to all…
- § 24105 No investigator of the program or any other employee of the department, in enforcing this chapter, shall be required to conduct any investigation that involves…
- § 24106 (a) Before an animal may be sold at an auction, the operator of the auction yard shall determine whether the animal has an implanted microchip or has been…
- § 24107 Every operator of an auction yard or dealer who handles animals destined for slaughter shall keep a written record of all sales and purchases made in the…
- § 24108 Any person who does not keep the written records required by this chapter or who refuses, upon demand of any investigator of the program or any peace officer,…
- § 24109 (a) No animal, whether branded or not, shall be shipped, transported, hauled, or delivered for slaughter, unless it is inspected by an inspector of the…
- § 24110 An inspector shall seize any animal for which a valid bill of sale containing the information designated in Section 24106 is not provided.
- § 24111 Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal seized or which is…
- § 24112 If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to…
- § 24113 If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
- § 24114 If the owner cannot be ascertained, the director shall cause a notice of the seizure of the animal to remain posted for a period of 14 days on a bulletin board…
- § 24115 Any person that claims ownership of the animal may, at any time, but not later than 14 days after the first posting of the notice, file his or her proof of…
- § 24116 If ownership is proved to the satisfaction of the director, the animal shall be returned to the owner upon payment by the owner of all expenses which were…
- § 24117 If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the…
- § 24118 If after 14 days from the date of the first posting of notice, no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses…
- § 24119 The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from,…
- § 24120 If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his or her ownership of an animal which was sold…
- § 24121 If the inspector of the program determines that the person who offers the animal for inspection is in lawful possession, the inspector shall issue a…
- § 24122 The certificate of inspection shall be signed by the inspector of the program and shall indicate all of the following: (a) The place and date of inspection and…
- § 24123 It is unlawful for any inspector to issue a certificate of inspection unless he or she personally makes the inspection between sunrise and sunset.
- § 24124 One copy of the certificate of inspection required by this chapter shall accompany the shipment of animals.
- § 24125 Any person who transports an animal destined for slaughter who does not have a copy of the certificate of inspection as required pursuant to this chapter or…
- § 24126 It is unlawful for any person to remove any animal and substitute another for it, or to add any other animal or transport an animal from any lot of animals for…
- § 24127 (a) Each dealer who handles animals destined for slaughter, and who ships 15 or more animals at a time for slaughter, shall pay the inspector a service fee of…
- § 24128 (a) The inspector shall make a memorandum which shows the number, sex, breed, color, approximate height and weight, approximate age, natural marks and…
- § 24129 The department shall maintain inspection certificates for a period of five years in a manner that shall disclose the number of animals that have been inspected.
- § 24130 Any person that is engaged in the business of buying or selling animals on consignment at any public or private salesyard shall keep after each sale, a…
- § 24131 Any person subject to Section 24130 shall retain the certificate of consignment on file for a period of at least two years after the sale. The certificates of…
- § 24132 (a) Notwithstanding any other provision of law, a person is civilly liable for four times the value of the animal at the time of taking, possessing, harboring,…
- § 24133 Any person who transports an animal destined for slaughter out of the state under false pretenses in order to avoid an inspection under this chapter is guilty…
- § 24134 Any person who falsifies any document or record required by this chapter, or by any regulation adopted pursuant to this chapter, is liable civilly for a…