PART 2. DISEASED BOVINES [9801. - 10610.]
Part 2 enacted by Stats. 1967, Ch. 15.
§§ 9801–10610 · 107 sections
CHAPTER 1. Exceptions § 9801 · 1 section
- § 9801 This part does not apply to animals which are used in research projects of the University of California.
CHAPTER 2. Bovine Tuberculosis §§ 9901–10152 · 52 sections
ARTICLE 1. Definitions §§ 9901–9914 · 11 sections
- § 9901 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 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…
- § 9903 “Approved veterinarian” means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin.
- § 9904 “Bovine animals” means cattle.
- § 9907 “State TB status” means an area so declared by the United States Department of Agriculture.
- § 9908 “Premises” means any place where cattle have been or are kept.
- § 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…
- § 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…
- § 9912 “Tuberculosis test” means the use of an official test for diagnosing tuberculosis in cattle.
- § 9913 “Tuberculosis control area” means an area which is established and delimited as such by proclamation of the department.
- § 9914 “Tuberculosis-exposed cattle” means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis…
ARTICLE 2. General Provisions §§ 9931–9933 · 3 sections
- § 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…
- § 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…
- § 9933 The department may enter into any cooperative agreement with the United States Department of Agriculture to undertake tuberculosis control pursuant to this…
ARTICLE 3. Sale and Use of Tuberculosis Tests §§ 9941–9944 · 4 sections
- § 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…
- § 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.
- § 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…
- § 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…
ARTICLE 4. Tuberculosis Tests §§ 9971–9982 · 12 sections
- § 9971 Any approved veterinarian or duly authorized representative of the department or of the United States Department of Agriculture may ear tag or otherwise…
- § 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…
- § 9973 Every reactor, immediately upon the determination of such reaction, shall be identified, pursuant to regulations of the department and the United States…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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.
- § 9980 It is unlawful for any person to knowingly apply tuberculosis tests that are not approved tests.
- § 9981 It is unlawful for any person to have any tuberculosis infected or exposed bovine animal at any livestock fair or show.
- § 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…
ARTICLE 5. Tuberculosis Control Areas §§ 10001–10007 · 5 sections
- § 10001 The department may establish and maintain tuberculosis control areas within this state.
- § 10003 When the department establishes a tuberculosis control area, the affected industry shall be notified.
- § 10004 The State Veterinarian may authorize the testing of any cattle in a tuberculosis control area to determine which animals are affected with tuberculosis.
- § 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…
- § 10007 Cattle moving into a tuberculosis control area must meet the requirements specified by the State Veterinarian.
ARTICLE 7. Slaughter of Reacting Bovine Animals §§ 10061–10071 · 11 sections
- § 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…
- § 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.
- § 10063 Within 30 days after the appraisal of the reacting bovine animal, it shall be slaughtered under the supervision of the State Veterinarian.
- § 10064 Animals shall be tested or slaughtered pursuant to this article even if indemnity funds are unavailable.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 9. Tuberculosis-Exposed Cattle §§ 10100–10103 · 4 sections
- § 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.
- § 10101 The State Veterinarian may impose tuberculosis testing requirements for tuberculosis-exposed cattle.
- § 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…
- § 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…
ARTICLE 11. Confinement of Cattle Subject to Examination §§ 10151–10152 · 2 sections
- § 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…
- § 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…
CHAPTER 3. Bovine Brucellosis §§ 10301–10496 · 53 sections
ARTICLE 1. Definitions §§ 10301–10311 · 11 sections
- § 10301 Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- § 10302 “Accredited veterinarian” means a veterinarian who is so designated by the United States Department of Agriculture and the department.
- § 10303 “Bovine animals” means neat cattle.
- § 10304 “Brucellosis” means the disease of cattle which is caused by Brucella microorganisms.
- § 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…
- § 10306 “Cattle” means neat cattle.
- § 10307 “Official veterinarian” means a veterinarian who is in the employ of the United States Department of Agriculture or the department.
- § 10308 “Premises” means any place where cattle have been or are kept.
- § 10309 “Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a test for brucellosis which is approved by the director.
- § 10310 “Vaccinate” or “vaccination” means the use of vaccine in cattle.
- § 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…
ARTICLE 2. General Provisions §§ 10321–10327 · 7 sections
- § 10321 The department may enter into any cooperative arrangement with the United States Department of Agriculture to undertake brucellosis control pursuant to this…
- § 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…
- § 10323 The department may use the services of official veterinarians or contract with accredited veterinarians to carry out the provisions of this chapter.
- § 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.
- § 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…
- § 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…
- § 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…
ARTICLE 3. Vaccines §§ 10341–10342 · 2 sections
- § 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…
- § 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…
ARTICLE 4. Vaccinations §§ 10351–10359 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
- § 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.
- § 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…
ARTICLE 5. Brucellosis Control Areas §§ 10381–10387 · 7 sections
- § 10381 The department may, after hearing, establish and maintain brucellosis control areas within this state.
- § 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…
- § 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,…
- § 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…
- § 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…
- § 10386 The director shall, by regulation, designate the conditions under which cattle may be moved into a brucellosis control area.
- § 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…
ARTICLE 6. Slaughter of Reacting Bovine Animals §§ 10401–10407 · 8 sections
- § 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…
- § 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…
- § 10403 Within 30 days after the appraisal of the animal, it shall be slaughtered under the supervision of the director.
- § 10404 Where it is necessary to prevent the spread within this state of bovine brucellosis, the director may provide for the slaughter of animals.
- § 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)…
- § 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…
- § 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…
- § 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…
ARTICLE 7. Slaughter of Exposed Nonreacting Animals §§ 10421–10423 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 8. Brucellosis Eradication Compensation Costs §§ 10492–10496 · 5 sections
- § 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…
- § 10493 The following procedures shall be followed when brucellosis has been identified in a herd of cattle: (a) An official veterinarian shall conduct an…
- § 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…
- § 10495 If an owner of a brucellosis infected herd violates any law or regulation pertaining to brucellosis eradication, the cattle owner shall immediately become…
- § 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…
CHAPTER 4. Cattle Disease Control § 10610 · 1 section
- § 10610 (a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in…