Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 732


Introduced by Assembly Member Cooper

February 25, 2015


An act to add Section 21060.4 to the Food and Agricultural Code, relating to livestock.

LEGISLATIVE COUNSEL’S DIGEST

AB 732, as amended, Cooper. Cattle inspection: exemption.

Existing law requires cattle to be inspected before being moved or transported under certain circumstances, including whenever cattle are sold. Existing law requires that inspection fees be paid at the point of inspection and that those fees be deposited into the Department of Food and Agriculture Fund.

This bill would exempt cattle that are being sold or whose ownership is being transferred from these inspection provisions if the individual or entity with a controlling interest in the cattle remainsbegin delete unchanged andend deletebegin insert unchanged,end insert if the cattle will not be movedbegin delete or transported as part of the sale or change in ownership of the cattle.end deletebegin insert out of state or out of a modified point-of-origin inspection area, and if the cattle are associated with either a registered brand or dairy exemption number. The bill would require, at the time of ownership transfer, all persons who have ownership in the cattle, including both the transferor and the transferee, to self-certify, under penalty of perjury, to the Department of Food and Agriculture as to their ownership in the cattle on a form to be prescribed by the department. By creating a new crime, this bill would impose a state-mandated local program.end insert

begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P2    1

SECTION 1.  

Section 21060.4 is added to the Food and
2Agricultural Code
, to read:

3

21060.4.  

begin insert(a)end insertbegin insertend insertInspection is not required in cases where cattle
4are sold or ownership is transferred underbegin delete bothend deletebegin insert allend insert of the following
5circumstances:

begin delete

6(a)

end delete

7begin insert(1)end insert The individual or entity with a controlling interest in the
8cattle remains unchanged.

begin delete

9(b)

end delete

10begin insert(2)end insert The cattle will not be movedbegin delete or transported as part of the
11sale or change in ownership of the cattle.end delete
begin insert out of state or out of a
12modified point-of-origin inspection area.end insert

begin insert

13(3) The cattle are associated with either a registered brand or
14dairy exemption number.

end insert
begin insert

15(b) All persons who have ownership in the cattle, including both
16the transferor and the transferee, shall, at the time of ownership
17transfer, self-certify, under penalty of perjury, to the department
18as to their ownership in the cattle on a form prescribed by the
19department.

end insert
begin insert

20(c) An owner of cattle that is otherwise exempt from inspection
21pursuant to this section may elect to have that cattle inspected
22pursuant to Section 21051.

end insert
23begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
P3    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

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