Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1319


Introduced by Assembly Member Eggman

February 22, 2013


An act tobegin delete amend Section 9164 ofend deletebegin insert add Section 10422.5 to, and to repeal and add Sections 10405 and 10422end insertbegin insert of,end insert the Food and Agricultural Code, relating to diseased animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 1319, as amended, Eggman. begin deleteDiseased animals and poultry. end deletebegin insertBovine animals: brucellosis: slaughter: indemnity.end insert

Existing law provides for the regulation of animals and pests for the prevention and control of disease.begin delete Existing law makes it unlawful for any person that does not have a written permit issued by the Secretary of Food and Agriculture to remove livestock from slaughterhouse pens, yards, corrals, or similar holding places where livestock is held for immediate slaughter, except as specified.end deletebegin insert Existing law requires that any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis be immediately identified pursuant to the regulations of the Secretary of Food and Agriculture and requires that the animal be slaughtered within 30 days in accordance with the regulations of the secretary. Existing law also authorizes the secretary to identify nonreacting animals in the same herd and to require the slaughter of those animals if certain requirements are satisfied.end insert

begin insert

Existing law requires that if an animal in a brucellosis control area is slaughtered pursuant to these provisions, or under regulations of the secretary which are made pursuant to these provisions, the owner shall receive compensation, as specified. Existing law also provides indemnity, as provided, to the owner of a nonreacting animal that is slaughtered.

end insert
begin insert

This bill would revise and recast these provisions to delete any compensation from the state and would provide that if a nonreacting animal is slaughtered pursuant to these provisions the owner would receive the same compensation as the owner of an animal that tested positive for brucellosis. The bill would require that the value of a nonreacting animal that is slaughtered be determined by appraisement by a representative of the Department of Food and Agriculture, or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his or her agent. The bill would also require that if these persons do not agree on the valuation of the animal, the animal be appraised by the chief appraiser of the Department of Food and Agriculture or his or her representative and that that determination is final.

end insert
begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTIONend insertbegin insert 1end insertbegin insert.end insert  

end insert

begin insertSection 10405 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is repealed.end insert

begin delete
3

10405.  

Except as otherwise provided in this article, if an animal
4in a brucellosis control area is slaughtered pursuant to this article,
5or under regulations of the director which are made pursuant to
6this article, the owner shall receive all of the following:

7(a) The proceeds of the sale of the salvage of the animal.

8(b) From the state, one-half of the difference between the
9appraised value and the sum of the proceeds of the sale of the
10salvage and indemnity provided by the United States, but in no
11instance to exceed three hundred dollars ($300) for any animal.

12(c) From the United States, any sum which is authorized to be
13paid to him from any appropriation made by the United States to
14assist in the eradication of brucellosis.

end delete
begin insert15

begin insertSEC. 2.end insert  

Section 10405 is added to the Food and Agricultural
16Code
, to read:

17

begin insert10405.end insert  

If an animal is slaughtered pursuant to this article, and
18indemnity funds are available, the owner of the animal may receive
19part or all of the following:

P3    1(a) The proceeds of the sale of the salvage of the animal.

2(b) From the United States Department of Agriculture any sum
3that is authorized to be paid to the owner from any appropriation
4that is made by the United States Department of Agriculture to
5assist in the eradication of brucellosis in cattle in this state.

end insert
6begin insert

begin insertSEC. end insertbegin insert3end insertbegin insert.end insert  

end insert

begin insertSection 10422 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
7repealed.end insert

begin delete
8

10422.  

The indemnity which is paid to the owner of any
9nonreacting animal which is slaughtered pursuant to this article
10shall be the difference between the appraised value of the animal
11as determined by appraisement by a representative of the
12department, or a representative of the United States Department
13of Agriculture, and by the owner or his agent, and the proceeds of
14the sale of the salvage. The indemnity shall not, however, exceed
15four hundred dollars ($400) for any grade animal, or five hundred
16dollars ($500) for any purebred animal less any sum which is
17authorized to be paid to the owner for indemnity purposes from
18any appropriation made by the United States to assist in the
19eradication of brucellosis in cattle in this state. In case of failure
20to agree on the valuation, the animal shall be appraised by the chief
21appraiser of the department or his representative. In either event,
22the value determined shall be final.

end delete
23begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 10422 is added to the end insertbegin insertFood and Agricultural
24Codeend insert
begin insert, to read:end insert

begin insert
25

begin insert10422.end insert  

The value of a nonreacting animal that is slaughtered
26shall be determined by appraisement by a representative of the
27department or a representative of the Agricultural Research Service
28of the United States Department of Agriculture, and by the owner
29or his or her agent. If these persons do not agree on the valuation
30of the animal, the animal shall be appraised by the chief appraiser
31of the department, or his or her representative. In either event, the
32value that is determined is final.

end insert
33begin insert

begin insertSEC. end insertbegin insert5.end insert  

end insert

begin insertSection 10422.5 is added to the end insertbegin insertFood and Agricultural
34Code
end insert
begin insert, to read:end insert

begin insert
35

begin insert10422.5.end insert  

If a nonreacting animal is slaughtered pursuant to
36this article, and indemnity funds are available, the owner of the
37animal may receive part or all of the following:

38(a) The proceeds of the sale of the salvage of the animal.

39(b) From the United States Department of Agriculture, any sum
40that is authorized to be paid to the owner from any appropriation
P4    1that is made by the United States Department of Agriculture to
2assist in the eradication of brucellosis in cattle in this state.

end insert
begin delete3

SECTION 1.  

Section 9164 of the Food and Agricultural Code
4 is amended to read:

5

9164.  

In order to prevent the spread of any livestock disease,
6it is unlawful for any person who does not have a written permit
7issued by the secretary to remove, or cause to be removed, any
8livestock from slaughterhouse pens, yards, corrals, or similar
9holding places where livestock is held for the purpose of immediate
10slaughter, except directly into the slaughterhouse that controls the
11pens, yards, corrals, or similar holding places.

end delete


O

    98