BILL NUMBER: AB 2332 CHAPTERED 09/28/06 CHAPTER 568 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006 APPROVED BY GOVERNOR SEPTEMBER 28, 2006 PASSED THE ASSEMBLY AUGUST 28, 2006 PASSED THE SENATE AUGUST 23, 2006 AMENDED IN SENATE AUGUST 21, 2006 AMENDED IN SENATE JUNE 22, 2006 AMENDED IN SENATE JUNE 13, 2006 AMENDED IN ASSEMBLY APRIL 17, 2006 INTRODUCED BY Committee on Agriculture (Assembly Members Matthews (Chair), Maze (Vice Chair), Canciamilla, Cogdill, Parra, Salinas, and Vargas) FEBRUARY 23, 2006 An act to amend Sections 21111, 21141, 21283, 21283.5, 21285, 21288, and 21288.5 of, and to add Sections 19348, 19348.1, 21111.5, 21142, and 21292 to, the Food and Agricultural Code, relating to cattle, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 2332, Committee on Agriculture Cattle. Existing law generally provides for the inspection of cattle whenever they are sold or their ownership is transferred and prior to their movement into or out of specified areas. Existing law provides that the Secretary of Food and Agriculture shall establish and maintain modified point-of-origin and full point-of-origin inspection stations whenever cattle producers owning cattle in the affected area request this action, as specified. Existing law requires that the secretary hold a statewide hearing to determine what areas wish to consider establishing a modified point-of-origin inspection area. This bill would remove provisions that require the secretary hold an annual meeting to determine what areas wish to consider establishing a modified point-of-origin inspection station and instead provide that such a meeting would be held upon written request or petition of 25 cattle producers in an affected area. This bill would also provide that upon written request or petition, cattle producers in an effected area may request that the secretary repeal regulations establishing a modified point-of-origin or a full point-of-origin inspection area created pursuant to these provisions. Existing law regulates the disposition of dead animals. This bill would permit dead animal haulers to transport dead animals to a destination in another state, as specified. This bill would also authorize the state veterinarian to approve temporary research projects, as defined, regarding alternative methods of animal tissue disposal. Existing law establishes various per head inspection fees for cattle in the amounts of $0.30, $0.45, and $0.90, as specified. These fees are deposited into the Department of Food and Agriculture Fund, a continuously appropriated fund. This bill would increase those fees to $0.36, $0.54, and $1.05, respectively, as specified. By increasing fees that are deposited into a continuously appropriated fund, this bill would make an appropriation. Existing law generally regulates cattle brand inspections. This bill would authorize the Bureau of Livestock Identification to enter into, and prescribe the form of, a Memorandum of Understanding with cattle producers regarding brand inspection of purebred cattle and project calves, as specified. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19348 of the Food and Agricultural Code is amended to read: 19348. (a) Unless a waiver is granted by the State Veterinarian in conjunction with implementation of Section 9562, no dead animal hauler or any other person shall transport any dead animal to any place, other than to a licensed rendering plant, a licensed collection center, an animal disease diagnostic laboratory acceptable to the department, the nearest crematory, or to a destination in another state that has been approved for that purpose by the appropriate authorities in that state. (b) Nothing in this section shall be interpreted to conflict with any state or federal environmental or zoning law, or to prohibit an owner of a live animal from burying the animal on the owner's property after the animal dies if the burial is within three miles of where the animal died. SEC. 1.1. Section 19348.1 is added to the Food and Agricultural Code, to read: 19348.1. The State Veterinarian is authorized to approve temporary research projects for the purpose of determining whether alternative methods of animal tissue disposal are capable of destroying organisms that cause disease and can be used effectively to protect public health and agricultural animals. Temporary projects shall not be approved for period longer than 24 months. SEC. 1.2. Section 21111 of the Food and Agricultural Code is amended to read: 21111. The secretary shall, by regulation, establish and maintain a modified point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request the action by a two-thirds vote of those cattle producers, who are either property taxpayers, lessees, or residents of the affected area and who are present at a public hearing held at a central location in the area. The secretary shall hold a statewide hearing within sixty days of the passage of this act, and upon written request or petition signed by at least 25 cattle producers owning cattle in the affected area thereafter, to determine what areas wish to consider establishing a modified point-of-origin inspection area. Based on the testimony presented at these hearings, the secretary shall conduct local hearings in those areas where significant interest exists. The cost of each local hearing shall be borne by the producers in the area based on a written agreement between producers in the area and the secretary. Notice of the local hearing shall be publicized by the department at least 30 days prior to the hearing date through local publications and radio; shall be posted at all sales yards, slaughter plants and feedlots in the area; and shall be circulated to all known beef cattle and dairy cattle associations having producer members in the areas. The two-thirds vote of those attending pertains to these local hearings. SEC. 2. Section 21111.5 is added to the Food and Agricultural Code, to read: 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, request that the secretary repeal regulations establishing a modified point-of-origin inspection area pursuant to Section 21111 in the manner prescribed by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 3. Section 21141 of the Food and Agricultural Code is amended to read: 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 area request this action by a two-thirds vote of those present at a public hearing held at a central location in the area. The secretary shall hold the local public hearing upon the receipt of written requests or petitions signed by at least 25 cattle producers in the affected area. SEC. 4. Section 21142 is added to the Food and Agricultural Code, to read: 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, request that the secretary repeal regulations establishing a full point-of-origin inspection area pursuant to Section 21141 in the manner prescribed by the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 5. Section 21283 of the Food and Agricultural Code is amended to read: 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 five cents ($1.05) for each animal which is inspected, except as follows: (1) The fee for inspection at a registered feedlot, as defined in Section 20015, is fifty-four cents ($0.54) for each animal which is inspected. (2) The fee for inspecting any animal which originated in another state and was shipped into this state for feeding direct to a registered feedlot is thirty-six cents ($0.36) for each animal which is inspected. (3) The fee for inspecting an animal which was inspected at a posted stockyard or posted saleyard in this state and shipped direct to a registered feedlot is thirty-six cents ($0.36) for each animal which is inspected. SEC. 6. Section 21283.5 of the Food and Agricultural Code is amended to read: 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 one dollar and five cents ($1.05) shall be paid at the point of inspection for each animal which is inspected. SEC. 7. Section 21285 of the Food and Agricultural Code is amended to read: 21285. The fee is one dollar and five cents ($1.05) for the inspection before sale of each animal at a public saleyard which is posted by the Secretary of Agriculture of the United States or at a public saleyard if the animal originated in another state and it was shipped to this state, consigned to that public stockyard or public saleyard. SEC. 8. Section 21288 of the Food and Agricultural Code is amended to read: 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 which are accompanying their mothers, is one dollar and five cents ($1.05) per head if the cattle are transported out of the area for purposes other than sale or slaughter and no change of ownership is involved. SEC. 9. Section 21288.5 of the Food and Agricultural Code is amended to read: 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 of ownership is involved the inspection fee is one dollar and five cents ($1.05) per head. SEC. 10. Section 21292 is added to the Food and Agricultural Code, to read: 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 of pre-inspection of purebred bulls, or 4H or Future Farmers of America project calves, that are for sale within the state. (b) The Memorandum of Understanding shall contain, but is not limited to, all of the following: (1) All bulls and project calves for sale must be identified. (2) All bulls and project calves must be placed into and remain in, an enclosure designated as a selling pen. (3) All bulls and project calves shall be inspected and identified by a Brand Inspector. (4) When bulls or project calves are sold, the seller shall furnish the purchaser with a fully completed Bill of Sale or Consignment, including identification numbers for all bulls or project calves. (5) The seller shall mail a duplicate copy of the Bill of Sale or Consignment to the Brand Inspector with a stamped envelope bearing the purchaser's complete name and address. (6) The Brand Inspector shall then issue a Brand Inspection Certificate and mail it to the purchaser. (7) Brand inspection fees shall be paid on each certificate issued. The Brand Inspector shall collect fees for the certificates as they are issued. (8) The Brand Inspector shall be contacted and a Brand Inspection Certificate issued before the animal leaves the seller's premises for any bull or project calf that is sold and is to be transported out of the state. (9) Each Memorandum of Understanding shall expire one year from the date that the completed document is dated. (c) There shall be signature blocks for the producer or breeder, the Brand Inspector, and the Regional Brand Inspector, and dates for when the signatures are made. There shall also be a date for the document. (d) This memorandum of understanding may be discontinued by the Chief of the Bureau of Livestock Identification upon a finding by the chief that any provision is not being met, or at any time that the chief determines that further action is necessary in order to satisfy brand inspection requirements and the integrity of the program set forth in Chapter 6 and Chapter 7 of Division 10.