BILL NUMBER: AB 274 CHAPTERED 08/13/01 CHAPTER 182 FILED WITH SECRETARY OF STATE AUGUST 13, 2001 APPROVED BY GOVERNOR AUGUST 12, 2001 PASSED THE SENATE JULY 21, 2001 PASSED THE ASSEMBLY MAY 3, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 INTRODUCED BY Committee on Agriculture (Matthews (Chair), Maldonado (Vice Chair), Aanestad, Canciamilla, Cardoza, Florez, Harman, Hollingsworth, Kelley, Leslie, Reyes, Salinas, Thomson, and Wiggins) FEBRUARY 16, 2001 An act to amend Sections 20437, 20755, 21051, 21052, and 21067 of, and to repeal Sections 20634 and 21286 of, the Food and Agricultural Code, relating to livestock. LEGISLATIVE COUNSEL'S DIGEST AB 274, Committee on Agriculture. Livestock. Existing law allows an inspector or police officer who finds any animal, hide, carcass, or portion of a carcass in the possession of any person that he or she has reason to believe is not the legal owner or entitled to the possession of it to take possession of it or to direct the person in possession where to leave it pending investigation. A hide or carcass will not be held for more than 30 consecutive days unless the notice of seizure is renewed. This bill would provide that an animal, a hide, or a carcass may not be held for more than 30 consecutive days unless the notice of seizure is renewed. Existing law provides that a brand recording shall not be granted for a V brand on the left shoulder of an animal. This bill would repeal this provision. Existing law allows the owner of a recorded brand to renew that brand for a number of years by paying, in advance, $25 per year to the Bureau of Livestock Identification, as specified. This bill would call for biennial advance renewal payments of $50. Existing law requires that cattle undergo brand inspection at various times, as specified. This bill would require brand inspection of cattle prior to their movement out of specified locations and upon movement out of the state. Existing law provides that it is unlawful for any person who owns or has custody of cattle to transport them without the required brand inspection, as specified. This bill would provide that movement of cattle by any person that owns or has possession of cattle without required inspection, as specified, is unlawful. Because this bill changes the definition of a crime, it would create a state-mandated local program. Existing law authorized the chief to issue an annual permit to allow cattle to be transported out of this state without the brand inspections required under specified conditions, including, among other things, that the cattle are transported for pasture purposes and that the cattle are transported a distance of not more than 50 miles from the point of origin to the point of destination. This bill would change the word transported to moved in these specified conditions. Existing law provides that, under certain circumstances, a 90 fee be paid for brand inspection of each head of cattle shipped from another state into this state for slaughter. o This bill would repeal this provision leaving in place another provision which exempts out-of-state cattle from inspection when accompanied by proper documents. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 20437 of the Food and Agricultural Code is amended to read: 20437. Any animal, hide, carcass, or portion of carcass shall not be held pursuant to Section 20435 for more than 30 consecutive days, unless the notice of seizure is renewed by the inspector or peace officer. SEC. 2. Section 20634 of the Food and Agricultural Code is repealed. SEC. 3. Section 20755 of the Food and Agricultural Code is amended to read: 20755. The owner of a recorded brand may, on or before April 30th of any year, pay in advance to the bureau a sum which is a multiple of fifty dollars ($50). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of twenty-five dollars ($25) per year from and after April 1st of that year. If the advance payment is made, biennial renewals for the years within the period for which advance payment has been made are not required. SEC. 4. Section 21051 of the Food and Agricultural Code is amended to read: 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 movement out of any designated modified point-of-origin inspection area, for purposes other than sale or slaughter and no change of ownership is involved, as provided in Section 21111. (c) Prior to movement out of the state. (d) Upon entry into a registered feedlot. (e) Prior to slaughter. (f) Prior to release or sale from a public stockyard, public saleyard, or public or private cattle sales market. (g) Prior to release from a posted stockyard or posted saleyard. (h) Prior to transportation out of a full point-of-origin area, as provided in Section 21141. (i) Prior to transportation or movement from premises designated as quarantine, restriction, or isolated areas pursuant to Section 9565. SEC. 5. Section 21052 of the Food and Agricultural Code is amended to read: 21052. It is unlawful for any person that owns or has custody of cattle to move, slaughter, release, sell, or receive at a registered feedlot that cattle without the inspection which is required by Section 21051. For the purposes of this section, a common carrier which transports cattle does not have custody of the cattle. SEC. 6. Section 21067 of the Food and Agricultural Code is amended to read: 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 under all of the following conditions: (1) The cattle are moved for pasture purposes. (2) The cattle are moved a distance of not more than 50 miles from the point of origin to the point of destination. (3) There is no change of ownership of the cattle. (b) The department may charge a fee to cover its costs in issuing and renewing the annual permit. The fee may not exceed one hundred dollars ($100). (c) The chief may, at any time, revoke a permit and require a brand inspection if he or she determines that this action is necessary to enforce this division. SEC. 7. Section 21286 of the Food and Agricultural Code is repealed. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.