DIVISION 10. CATTLE PROTECTION [20001. - 22086.]
Division 10 enacted by Stats. 1967, Ch. 15.
§§ 20001–22086 · 289 sections
CHAPTER 1. Definitions §§ 20001–20030 · 30 sections
- § 20001 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 20002 “Animal,” “calf,” and “cattle” mean only bovine animals.
- § 20003 “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.
- § 20004 “Brand” includes “brand and mark” if a mark is recorded or used with a brand.
- § 20005 “Bureau” means the Bureau of Livestock Identification.
- § 20006 “Carcass” means the carcass of an animal.
- § 20007 “Cattle record brand” means a brand used to classify an animal for the purpose of keeping records which relate to the animal.
- § 20008 “Chief” means the Chief of the Bureau of Livestock Identification.
- § 20009 “Hide” means the hide of an animal.
- § 20010 “Inspector” means a hide and brand inspector. It includes the chief, regional brand supervisors, senior brand inspectors, investigators, and persons employed…
- § 20011 “Mark” means a design which is cut into or from the ear, dewlap, or other part of an animal.
- § 20012 “Vent” means a design which is permanently impressed on the hide of a branded animal for the purpose of voiding the prior brand.
- § 20013 “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…
- § 20014 “Beef cattle” means bovine animals of any breed being grown primarily for meat production.
- § 20015 “Registered feedlot” means a feedlot defined in Section 20013 that is registered with the bureau in accordance with Sections 21081 and 21082.
- § 20016 “Licensed frozen food locker plant” means an establishment defined and licensed pursuant to Chapter 14 (commencing with Section 28800) of Division 22 of the…
- § 20017 “Modified point-of-origin inspection area” means any area designated by the director, by regulation, pursuant to Section 21111.
- § 20018 “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…
- § 20019 “Processor” means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for…
- § 20020 “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…
- § 20021 “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…
- § 20022 “Full point of origin inspection area” means any area designated by the director, by regulation, pursuant to Sections 21141 and 21141.5.
- § 20023 “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…
- § 20024 “Destination point inspection” means the inspection of cattle within the California borders after shipment directly to a posted stockyard, public salesyard,…
- § 20025 “Cattle movement” means the transportation of cattle by vehicle or herding, such as a drive of an animal herd.
- § 20026 “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…
- § 20027 “Pasture-to-pasture movement” means transportation of cattle, or leading or herding from one feeding or pasture premise to another feeding or pasture premise…
- § 20028 “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…
- § 20029 “Shipper” means any person who transfers cattle from one geographical location to another.
- § 20030 “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…
CHAPTER 2. General Provisions §§ 20151–20283 · 15 sections
ARTICLE 1. Application §§ 20151–20152 · 2 sections
- § 20151 (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…
- § 20152 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. Regulation §§ 20171–20172 · 2 sections
ARTICLE 3. Investigations §§ 20201–20203 · 3 sections
- § 20201 The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180),…
- § 20202 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),…
- § 20203 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…
ARTICLE 4. Criminal Penalties §§ 20221–20222 · 2 sections
- § 20221 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)…
- § 20222 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…
ARTICLE 5. Civil Penalties and Remedies §§ 20251–20253 · 3 sections
- § 20251 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…
- § 20252 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…
- § 20253 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 §§ 20281–20283 · 3 sections
- § 20281 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.…
- § 20282 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…
- § 20283 A civil action may be brought by the department to recover any fee, penalty, or other money that becomes due pursuant to this division.
CHAPTER 3. Enforcement §§ 20401–20471 · 28 sections
ARTICLE 1. Bureau of Livestock Identification §§ 20401–20407 · 7 sections
- § 20401 There is in the department the Bureau of Livestock Identification.
- § 20402 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),…
- § 20403 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.
- § 20404 The chief is responsible to the director for the proper administration and enforcement of this division.
- § 20405 The chief shall assist in the prosecution of persons charged with violation of any provision of this division.
- § 20406 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.
- § 20407 Subject to the approval of the director, the chief may employ investigators to investigate reported thefts or losses of cattle.
ARTICLE 2. Inspectors and Other Peace Officers §§ 20432–20440 · 9 sections
- § 20432 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…
- § 20433 Each sheriff, member of the California Highway Patrol, and other peace officer shall cooperate and assist in enforcing this division.
- § 20434 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…
- § 20435 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…
- § 20436 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…
- § 20437 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…
- § 20438 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…
- § 20439 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…
- § 20440 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…
ARTICLE 3. Livestock Identification Advisory Board §§ 20461–20471 · 12 sections
- § 20461 As used in this article, “board” means the Livestock Identification Advisory Board.
- § 20462 There is in the department the Livestock Identification Advisory Board, which consists of seven members. The director may appoint one additional member on the…
- § 20462.5 It is hereby declared, as a matter of legislative determination, that persons appointed to the Livestock Identification Advisory Board pursuant to this article…
- § 20463 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…
- § 20464 In making his selection of the membership of the board, the director shall take into consideration the recommendations of organizations and associations of…
- § 20465 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…
- § 20466 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…
- § 20467 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…
- § 20468 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…
- § 20469 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)…
- § 20470 The board shall meet at the call of its chairperson. It shall meet at least twice in every calendar year.
- § 20471 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…
CHAPTER 4. Brands and Brand Records Generally §§ 20601–20797 · 57 sections
ARTICLE 1. Requirements §§ 20601–20610 · 10 sections
- § 20601 It is the ultimate object of this division to provide for statewide recordation of brands with the entire state as one branding district.
- § 20602 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…
- § 20603 The chief shall, by regulation, prescribe the location on the animal where different types of brands, including recorded brands and cattle record brands, may…
- § 20604 It is unlawful for any person to brand any animal except in accordance with the provisions of this chapter.
- § 20605 It is unlawful for any person to use an unrecorded, forfeited, or canceled brand.
- § 20606 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…
- § 20607 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…
- § 20608 Proof of possession or ownership of cattle with an unrecorded, forfeited, or canceled brand establishes a rebuttable presumption that the person in possession…
- § 20609 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…
- § 20610 (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…
ARTICLE 2. Venting Brand Requirements §§ 20631–20633 · 3 sections
- § 20631 Venting a brand consists of rebranding a branded animal, by the owner of the animal, for the purpose of voiding his prior brand.
- § 20632 A vent brand may be applied on the loin of an animal which corresponds to the side the owner’s registered brand.
- § 20633 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 3. Applications §§ 20661–20672 · 12 sections
- § 20661 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…
- § 20662 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…
- § 20663 An application for the recordation of a brand shall be filed with the bureau.
- § 20664 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…
- § 20665 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…
- § 20666 Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record.
- § 20667 An application shall not be accepted for the recordation of a brand which consists only of a mark.
- § 20668 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)…
- § 20669 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…
- § 20670 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.
- § 20671 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…
- § 20672 Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon…
ARTICLE 4. Recordation §§ 20691–20701 · 11 sections
- § 20691 The bureau shall maintain a record of all brands that are recorded, except forfeited or canceled brands which are subject to Section 20701.
- § 20692 Any person, upon request to the bureau, shall be furnished information as to any recorded brand.
- § 20693 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.
- § 20694 A brand shall not be recorded for any person under 18 years of age unless the application is countersigned by his parent or guardian.
- § 20695 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…
- § 20696 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…
- § 20697 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…
- § 20698 The right to use a brand is a property right and may be sold or otherwise transferred.
- § 20699 A transferee of a brand shall not use the brand until the transfer has been recorded by the bureau.
- § 20700 The record of any brand may be canceled at any time upon the written request of the person in whose name it is recorded.
- § 20701 The records of brands which have been forfeited or canceled for more than five years may be removed from the files and destroyed.
ARTICLE 5. Suspension and Forfeiture §§ 20721–20725 · 5 sections
- § 20721 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.
- § 20722 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…
- § 20723 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,…
- § 20724 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.…
- § 20725 (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…
ARTICLE 6. Fees and Penalties §§ 20751–20760 · 9 sections
- § 20751 The fee for each application for recording a brand is seventy dollars ($70).
- § 20752 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…
- § 20754 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…
- § 20755 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…
- § 20756 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…
- § 20757 (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…
- § 20758 The fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70).
- § 20759 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…
- § 20760 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…
ARTICLE 7. Similar Brands §§ 20791–20797 · 7 sections
- § 20791 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…
- § 20792 Notice of the hearing shall be given to each interested person at least 10 days prior to the hearing.
- § 20793 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…
- § 20794 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…
- § 20795 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…
- § 20796 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…
- § 20797 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…
CHAPTER 5. Cattle Record Brands §§ 20901–20906 · 6 sections
- § 20901 Notwithstanding any other provision of this division, cattle may be branded pursuant to this chapter.
- § 20902 A cattle record brand shall be used only for purposes of identification. It is not evidence of ownership.
- § 20903 A cattle record brand shall not be recorded.
- § 20904 A cattle record brand may be placed upon either loin in front of the hip and behind the ribs of the animal.
- § 20905 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…
- § 20906 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…
CHAPTER 6. Inspection of Cattle §§ 21051–21323 · 73 sections
ARTICLE 1. Requirements, Generally §§ 21051–21070 · 25 sections
- § 21051 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…
- § 21051.3 (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…
- § 21051.4 (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…
- § 21051.5 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…
- § 21051.6 (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…
- § 21052 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…
- § 21053 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…
- § 21054 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…
- § 21055 Inspection is not required prior to slaughter by licensed slaughterers at slaughterhouses where the chief determines it is impossible or impractical to have…
- § 21056 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,…
- § 21057 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…
- § 21058 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…
- § 21059 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…
- § 21060 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:…
- § 21060.4 (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…
- § 21060.5 Any calves not exempt from inspection pursuant to Section 21060, shall be inspected in accordance with the provisions of Sections 21051 and 21052.
- § 21060.7 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…
- § 21061 The director may make regulations which govern the brand inspection of cattle and hides at slaughterhouses. The regulations may provide for an inspection…
- § 21062 All cattle shipped to a registered feedlot, licensed slaughterhouse, or licensed or posted livestock salesyard or market in this state for inspection at…
- § 21064 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…
- § 21066 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…
- § 21067 (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…
- § 21068 (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…
- § 21069 (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…
- § 21070 (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…
ARTICLE 2. Feedlot Registration §§ 21081–21084 · 4 sections
- § 21081 The operator of a feedlot as defined in Section 20013 shall register each such feedlot with the director.
- § 21082 Registration consists of filing of a registration application with the bureau which shall show the location of the feedlot, its capacity, the names and…
- § 21083 The director may cancel the registration of any feedlot from which cattle were shipped without the inspection required by subdivision (d) of Section 21051.…
- § 21084 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…
ARTICLE 3. Modified Point-of-Origin Inspection Areas §§ 21111–21112 · 3 sections
- § 21111 The secretary shall, by regulation, establish and maintain a modified point-of-origin inspection area whenever the cattle producers owning cattle in the…
- § 21111.5 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,…
- § 21112 A modified point-of-origin inspection area may consist of one or more counties or geographical areas.
ARTICLE 4. Point of Origin Inspection Area §§ 21141–21142 · 3 sections
- § 21141 The secretary shall, by regulation, establish and maintain a full point-of-origin inspection area whenever the cattle producers owning cattle in the affected…
- § 21141.5 A full point-of-origin inspection area may consist of one or more counties or geographical areas.
- § 21142 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,…
ARTICLE 5. Procedure §§ 21171–21175 · 7 sections
- § 21171 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…
- § 21172 If inspection is required, the person that requests the inspection shall notify the inspector. The inspector shall make his inspection as soon as practicable…
- § 21172.2 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,…
- § 21172.5 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…
- § 21173 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.
- § 21174 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…
- § 21175 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…
ARTICLE 6. Certificate of Inspection §§ 21201–21208 · 8 sections
- § 21201 It is unlawful for any inspector to issue a certificate of inspection unless he personally made the inspection between sunrise and sunset.
- § 21202 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.
- § 21203 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…
- § 21204 One copy of the certificate of inspection shall accompany the shipment.
- § 21205 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…
- § 21206 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…
- § 21207 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)…
- § 21208 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…
ARTICLE 7. Duplicate Brand Inspection Certificates §§ 21231–21238 · 6 sections
- § 21231 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…
- § 21232 The duplicate brand inspection certificate shall accompany to destination any cattle which are transported over a public thoroughfare.
- § 21233 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…
- § 21236 Any brand inspection certificate which has been altered, defaced, or changed is void. An inspector may, however, indicate on an inspection certificate any…
- § 21237 Except as otherwise provided in Section 21236, it is unlawful for any person to alter, deface, or change any brand inspection certificate.
- § 21238 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…
ARTICLE 8. Shipping Permits § 21261 · 1 section
- § 21261 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…
ARTICLE 9. Fees §§ 21281–21292 · 13 sections
- § 21281 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…
- § 21281.5 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…
- § 21282 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…
- § 21283 (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…
- § 21283.5 Except as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of…
- § 21284 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…
- § 21285 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…
- § 21288 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…
- § 21288.5 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…
- § 21289 The fee for the inspection of cattle which originated in any county or geographical area where a full point-of-origin inspection is maintained pursuant to…
- § 21290.5 Any person who receives cattle from any cattle sale market, either public or private, including any public stockyard where sales of cattle are held, may, upon…
- § 21291 The fees which are provided in Article 9 (commencing with Section 21281) and Article 5 (commencing with Section 21561) may be: (a) Lowered by the director,…
- § 21292 (a) The Bureau of Livestock Identification is authorized to enter into a Memorandum of Understanding with any purebred cattle producer or breeder for purposes…
ARTICLE 10. Records and Memorandums §§ 21321–21323 · 3 sections
- § 21321 The inspector shall make a memorandum which shows the number, sex, brands, or marks on each animal which is inspected, and the names of the owner or claimant,…
- § 21322 The memorandum of the inspection shall be retained for record purposes by the inspector for at least two years after the date of the inspection.
- § 21323 The bureau shall maintain for a period of five years a file of brand inspection certificates in such manner as to disclose the number of cattle which have been…
CHAPTER 7. Inspection of Hides and Carcasses §§ 21451–21591 · 17 sections
ARTICLE 1. Requirements §§ 21451–21459 · 8 sections
- § 21451 Except as otherwise provided in this chapter, inspection of carcasses with the hide on and of hides shall be made in the same manner as inspection of cattle…
- § 21452 The chief may provide for the release of hides or carcasses from inspection in cases in which inspection would serve no useful purpose.
- § 21453 A new inspection need not be made of the hide or carcass of an animal which was previously inspected as follows: (a) Inspected pursuant to subdivision (e) of…
- § 21455 Every person not a licensed slaughterer that slaughters any cattle or calves and does not send the carcass and hide to a licensed frozen food locker plant…
- § 21456 A person shall not have in his possession a carcass or any meat from a carcass which was not slaughtered by a licensed slaughterer, unless he has in his…
- § 21457 A person shall not remove any evidence of inspection from a hide until after it has been partially tanned.
- § 21458 A person shall not sell, give away, deliver, transport, buy, accept, or receive the hide of any animal unless the hide has been inspected or released.
- § 21459 A person shall not obliterate, alter, or remove a brand which is on a hide, or burn or in any manner destroy the hide until it has been inspected or released.
ARTICLE 2. Procedure § 21482 · 1 section
- § 21482 If, upon inspection, there is found any carcass or hide which does not bear the recorded brand of the person that presents the carcass or hide for inspection,…
ARTICLE 4. Duplicate Brand Inspection Certificates §§ 21531–21532 · 2 sections
- § 21531 Unless the shipment is exempted under Section 21453 or released pursuant to Section 21532, no common carrier, or owner or driver of any conveyance shall…
- § 21532 The chief may release, or provide for the release of, any carcass or hide without the inspection which is required by Section 21531. Inspection shall, however,…
ARTICLE 5. Fees §§ 21561–21565 · 5 sections
- § 21561 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…
- § 21562 Any fees which are due and payable for brand inspections that are made which remain unpaid or are not paid as required by this article may be recovered by the…
- § 21563 Except as otherwise provided in this article, the fee shall be paid at the point of inspection and is two dollars and ten cents ($2.10) for each carcass or…
- § 21563.5 The fee for the inspection of each carcass or hide shall be two dollars and ten cents ($2.10) for each carcass and hide originating in those counties or…
- § 21565 A charge shall not be made for the inspection of any hide which has been previously inspected pursuant to this chapter.
ARTICLE 6. Reports § 21591 · 1 section
- § 21591 The bureau shall maintain for a period of five years a file of brand inspection certificates in such manner as to disclose the number of carcasses or hides…
CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides §§ 21701–21751 · 28 sections
ARTICLE 1. Bills of Sale §§ 21701–21710 · 11 sections
- § 21701 As used in this article, “animal” includes: (a) A bovine animal. (b) The carcass of a bovine animal from which the hide has not been removed. (c) The hide of a…
- § 21702 No person shall buy, sell, or accept any animal, unless the seller or donor gives, and the buyer or donee receives, at the time of the delivery of the animal,…
- § 21702.1 Any person who sells or otherwise transfers title to any cattle or calves to another person shall remit to the director within 30 days of that sale, the beef…
- § 21703 Except as provided in Section 21058, bills of sale or consignment required by any provision of Division 9 (commencing with Section 16301) or Division 10…
- § 21704 The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee has no effect upon the validity of any sale or…
- § 21705 If by any provision of this division a certificate, bill of sale, or other document is required to accompany any shipment of animals, nothing in this division…
- § 21706 Any invoice of sale or bill of sale which has been altered, defaced or changed is void. An inspector may, however, indicate on a bill of sale any number of…
- § 21707 Except as otherwise provided in Section 21706, it is unlawful for any person to alter, deface or change any invoice of sale or bill of sale.
- § 21708 An auctioneer shall not offer any milking cow for sale at any auction sale of cattle unless the milking cow has been milked out and stripped within 12 hours of…
- § 21709 Except as otherwise provided in Section 21706, it is unlawful for any person to possess, or to present to an inspector or peace officer, any invoice of sale or…
- § 21710 It is unlawful for any person to falsify any of the bill of sale information required by Sections 21702 and 21703, or to present such falsified documents to an…
ARTICLE 2. Public Salesyards §§ 21731–21751 · 17 sections
- § 21731 Stockyards which are posted by the United States Department of Agriculture under the Packers and Stockyards Act (7 U.S.C., Sec. 181 et seq.), agricultural…
- § 21732 The license and bond provisions of this article do not apply to the sale by an auctioneer of cattle on the premises of the owner of the cattle whether or not…
- § 21733 A person shall not engage in the business of selling cattle at a public salesyard unless he has done all of the following: (a) Obtained a license from the…
- § 21734 The bond required pursuant to Section 21733 is subject to the approval of the director and shall be conditioned as follows: (a) That the person shall not sell…
- § 21735 Any amount which is recovered upon the bond shall be paid to the owner of the animal.
- § 21736 The bureau shall grant to every applicant that complies with this article and the regulations which are adopted pursuant to it, a separate license to operate…
- § 21737 A permit shall be granted by the bureau to change the address or location of a previously licensed salesyard. No additional license fee or bond shall be…
- § 21738 Each such license shall be renewed on or before the first day of each succeeding calendar year. The renewal fee is one hundred dollars ($100) for each…
- § 21743 Any person that is engaged in the business of selling cattle on consignment at any public stockyard, public salesyard, or public cattle sales market shall…
- § 21744 Cattle shall not be released from a public stockyard, public salesyard, public cattle sales market, or any other public consignment sale or private auction…
- § 21745 The press-numbered bill of sale or press-numbered certificate of sale that is required pursuant to Section 21744 shall contain all of the following information…
- § 21746 The director may make regulations which govern the brand inspection of cattle at public salesyards, public stockyards and at private cattle auction sales. The…
- § 21747 It is unlawful for any person to sell cattle at a public salesyard or release cattle from public salesyards unless an inspector has made a brand inspection of…
- § 21748 It is unlawful for any person to release any cattle which are sold at public auction unless the required brand inspection certificate has been prepared by the…
- § 21749 Except as otherwise provided in Section 21750, any person that engages as a business in the sale of cattle at a public salesyard without a license is, in…
- § 21750 Any public cattle salesyard operator that has had a previous license and continues to operate a public salesyard after the expiration of his license is not…
- § 21751 (a) If cattle sold at a public auction have a dairy exemption number, the auctioneer shall announce at the sale that those cattle are being sold under the…
CHAPTER 9. Injury to, or Theft of, Cattle §§ 21851–21886 · 10 sections
ARTICLE 1. Driving Cattle From Their Range §§ 21851–21856 · 4 sections
- § 21851 As used in this article, “range” means the enclosed or unenclosed lands outside of cities, towns, and villages in this state, whether of the public domain or…
- § 21852 Any person that is not the owner or does not have the right of possession of any cattle, that is found driving such cattle off its usual range, without the…
- § 21855 Notwithstanding any other law, in any action for the wrongful taking, possessing, harboring, or transporting of cattle, for the driving of cattle off their…
- § 21856 (a) The judge before whom any person is tried for the wrongful taking, possessing, killing, or slaughter of cattle without the consent of the owner or the…
ARTICLE 2. Livestock Killed or Injured on Railroads §§ 21881–21886 · 6 sections
- § 21881 If any animal is killed or injured upon the right-of-way of any railroad in this state, the owner or operator of the railroad equipment injuring or killing the…
- § 21882 The report shall contain all of the following: (a) A description of the animal. (b) The brands and marks and the position of the brands and marks, if any, upon…
- § 21883 The report shall be given by telephone, telegraph, or mail to the owner of the animal if known. If the owner of the animal is unknown, the report shall be…
- § 21884 Reports by telephone shall be confirmed within 24 hours by telegraph or mail to the office of the sheriff. A copy shall be sent to the bureau.
- § 21885 Upon receiving the report the officer or brand inspector shall attempt to ascertain the ownership of the dead or injured animal and notify the owner of the…
- § 21886 It is unlawful for any person to bury, conceal, or destroy any animal, or do anything to the carcass of any animal, which will tend to make ascertainment of…
CHAPTER 10. Slaughter of Cattle §§ 22001–22086 · 25 sections
ARTICLE 1. Generally §§ 22001–22010 · 12 sections
- § 22001 Except as otherwise provided in this chapter, a person shall not slaughter, or request or hire any person that is not a licensed slaughterer to slaughter, any…
- § 22001.5 The Legislature finds and declares that mobile slaughter operators who perform the service of slaughtering cattle for the owner of the cattle on the owner’s…
- § 22002 Any producer of cattle may slaughter or have slaughtered for him on his own premises, in small numbers, cattle of his own production and raising on his own…
- § 22003 Cattle which are slaughtered by or for the producer of the cattle at his premises and for his own consumption may be transported with the hide on, after…
- § 22004 Carcasses and hides received by the licensed frozen food locker plant or processor shall be identified in a manner prescribed by regulation and inspected, or…
- § 22004.1 It is the responsibility of the person who slaughters an animal and delivers the carcass to a licensed frozen food locker plant or processor pursuant to…
- § 22005 The skinning, splitting, and quartering of the cattle slaughtered pursuant to Section 22002 at a licensed frozen food locker plant are not required to be…
- § 22006 The licensed frozen food locker plant operator shall maintain a record of every transaction which involves uninspected meat for a period of five years. The…
- § 22007 Any owner or producer of livestock may have them inspected and slaughtered by a licensed slaughterer. The owner or producer may, thereafter, sell the meat from…
- § 22008 Every person that is not a licensed slaughterer that slaughters cattle shall do all of the following: (a) Keep a record in a book which he or she keeps for…
- § 22009 Any person who is requested to custom cut or otherwise process for another person any meat from a bovine animal that was not slaughtered by a licensed…
- § 22010 Any person receiving meat pursuant to Section 22009 shall keep a record in a book which he keeps for that purpose that discloses the following information on…
ARTICLE 2. Licensed Slaughterers §§ 22031–22049 · 8 sections
- § 22031 A person shall not engage in the business of slaughtering cattle unless the person has been issued a grant of inspection by the United States Department of…
- § 22037 (a) A mobile slaughter operator, as provided in Section 22001.5, shall file a registration with the bureau that shows the names and addresses of the owners of…
- § 22044 Every licensed slaughterer of cattle shall have on file in his office prior to slaughter and shall keep for one year after slaughter, the original bill of sale…
- § 22045 Every licensed slaughterer that slaughters cattle where inspection prior to slaughter is impossible or impractical shall keep a record which sets forth the…
- § 22046 Every licensed slaughterer that does not have brand inspection prior to slaughter on each day on which he slaughters, and whose hides are not inspected during…
- § 22047 It is unlawful for a licensed slaughterer to allow anyone to slaughter cattle at the licensee’s plant, except a person that is licensed to slaughter there or…
- § 22048 If a licensed slaughterer desires to change to another location, the person shall notify the bureau of the relocation.
- § 22049 It is unlawful for a licensed slaughterer to slaughter cattle at any place other than a slaughterhouse at which he is licensed to slaughter.
ARTICLE 3. Purchase and Sale of Meat §§ 22081–22086 · 5 sections
- § 22081 A wholesaler of meat shall not purchase the meat of any animal except from any of the following: (a) A licensed slaughterer. (b) Another wholesaler having an…
- § 22082 A peddler or retailer of meat shall not purchase the meat of an animal from any person not known to him to be a licensed slaughterer, or a regular wholesale…
- § 22083 Every peddler or retailer of meat that purchases the meat of any animal shall enter all of the following in a book which he keeps for that purpose and exhibit…
- § 22084 A person, other than a regular wholesaler of meat that has an established place of business or a licensed slaughterer, shall not give, sell, or deliver to any…
- § 22086 It is unlawful for any person to misrepresent the type, kind, or quality of a dressed carcass of any animal or part of such carcass, or the sex, age, or…