BILL NUMBER: AB 2349	CHAPTERED  07/18/08

	CHAPTER  147
	FILED WITH SECRETARY OF STATE  JULY 18, 2008
	APPROVED BY GOVERNOR  JULY 18, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  MAY 1, 2008
	AMENDED IN ASSEMBLY  APRIL 15, 2008

INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 21, 2008

   An act to amend Section 9166 of the Food and Agricultural Code,
relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2349, Fuller. Diseased animals and poultry: violations and
penalties: administrative penalty.
   Existing law provides for the regulation of animals and pests for
the prevention and control of disease. Existing law also makes
specified actions unlawful and subject to investigation by the
Secretary of Food and Agriculture.
   Existing law provides that any person who violates the provisions
of law or regulations relating to diseased animals and poultry is
liable for a civil penalty of not more than $500 for each violation.
   This bill would instead provide that, in addition to any other
penalty or fine prescribed by law, any person who violates that law,
is subject to an administrative penalty of not less than $100 or more
than $1,000 for each violation. The bill would provide that if the
secretary finds that a violation has occurred, he or she shall give
the person charged notice of the nature of the violation and an
opportunity to be heard pursuant to specified administrative
adjudication provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9166 of the Food and Agricultural Code is
amended to read:
   9166.   (a) In addition to any other penalty or fine prescribed by
law, any person who violates any provision of this division, or any
regulation which is issued pursuant to this division, is subject to
an administrative penalty of not less than one hundred dollars ($100)
or more than one thousand dollars ($1,000) for each violation. Each
violation during any day constitutes a separate offense. Any money
that is recovered under this section shall be paid into the State
Treasury and shall be credited to the Department of Food and
Agriculture Fund.
   (b) If the secretary finds that a violation has occurred, the
person charged shall receive notice of the nature of the violation,
and shall be given an opportunity to be heard in accordance with
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code, except that informal hearing
procedures may not be used under the circumstances described in
subdivision (a) or (b) of Section 11445.20 of the Government Code.