AB 732, as amended, Cooper. Cattle protection: brands: inspection: fees.
(1) Existing law establishes a system for the recordation of cattle brands and establishes various fees in connection with the recordation and the use of a brand, as specified. Existing law also establishes various inspection fees per cattle, as specified. Existing law requires these fees to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund.
This bill would increase the inspection fees and other various fees in connection with the recordation and use of cattle brands. By increasing the amount of fees deposited in a continuously appropriated fund, this bill would make an appropriation.
(2) Existing law requires cattle to be inspected before being moved or transported under certain circumstances, including whenever cattle are sold.
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 remains unchanged, if the cattle will not be moved 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, within 30 days 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 cattlebegin delete in a permit application to beend deletebegin insert on a formend insert prescribed by the department. By creating a new
crime, this bill would impose a state-mandated local program. The bill would authorize the department to charge a fee to cover the reasonable costs ofbegin delete issuing
or renewing the permitend deletebegin insert processing the formend insert but would prohibit the fee from exceeding $50 or the department’s actual costs of conducting these activities.
(3) 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.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 20751 of the Food and Agricultural Code
2 is amended to read:
The fee for each application for recording a brand is
4seventy dollars ($70).
Section 20754 of the Food and Agricultural Code is
6amended to read:
Except as otherwise provided in Section 20755, the
8owner of a brand shall, on or before Aprilbegin delete 30thend deletebegin insert 30end insert after its
P3 1recordation, pay to the bureau a biennial period renewal fee of
2seventy dollars ($70) for the right to continue to use the brand.
Section 20755 of the Food and Agricultural Code is
4amended to read:
The owner of a recorded brand may, on or before April
630 of any year, pay in advance to the bureau a sum that is a multiple
7of seventy dollars ($70). The payment entitles him or her to use
8the brand for a minimum of two years, but not to exceed 10 years,
9at the rate of thirty-five dollars
($35) per year on and after April
101 of that year. If the advance payment is made, biennial renewals
11for the years within the period for which advance payment has
12been made are not required.
Section 20756 of the Food and Agricultural Code is
14amended to read:
If the right to use a brand is suspended for failure to
16pay the renewal fee, it may be reinstated within one year from the
17date of suspension upon the payment of the biennial renewal fee
18of seventy dollars ($70) plus a twenty-five dollar ($25) penalty
19fee.
Section 20757 of the Food and Agricultural Code is
21amended to read:
(a) Except as provided in subdivision (b), the fee for
23rerecording a forfeited or canceled brand shall be one hundred
24forty dollars ($140). This amount shall accompany the application
25to rerecord.
26(b) When a penalty has been paid pursuant to Section 20222,
27within 30 days of the date the application to rerecord is received
28by the secretary, the fee to rerecord shall be seventy dollars ($70).
Section 20758 of the Food and Agricultural Code is
30amended to read:
The fee for recording the transfer of a brand, including
32a new certificate, is seventy dollars ($70).
Section 21060.4 is added to the Food and Agricultural
34Code, to read:
(a) Inspection is not required in cases where cattle
36are sold or ownership is transferred under all of the following
37circumstances:
38(1) The individual or entity with a controlling interest in the
39cattle remains unchanged.
P4 1(2) The cattle will not be moved out of state or out of a modified
2point-of-origin inspection area.
3(3) The cattle are associated with either a registered brand or
4dairy exemption number.
5(b) All persons who have ownership in the cattle, including both
6the
transferor and the transferee, shall, within 30 days of ownership
7transfer, self-certify, under penalty of perjury, to the department
8as to their ownership in the cattlebegin delete in a permit applicationend deletebegin insert on a formend insert
9 prescribed by the department.
10(c) The department may charge a fee to cover the reasonable
11costs ofbegin delete issuing or renewing the permitend deletebegin insert processing the formend insert
12 identified in subdivision (b), but the fee shall not exceed fifty
13dollars ($50) or the department’s actual costs of conducting these
14activities.
15(d) An owner of cattle that is otherwise exempt from inspection
16pursuant to this section may elect to have that cattle inspected
17pursuant to Section 21051.
18(e) A violation of this section shall be subject to the penalties
19described in Section 21051.3.
Section 21283 of the Food and Agricultural Code is
21amended to read:
(a) Unless otherwise provided in this article, inspection
23fees shall be paid at the point of inspection.
24(b) The fee for inspection is one dollar and twenty-five cents
25($1.25) for each animal that is inspected, except as follows:
26(1) The fee for inspection at a registered feedlot, as defined in
27Section 20015, is sixty-four cents ($0.64) for each animal that is
28inspected.
29(2) The fee for inspecting an animal that originated in another
30state and was shipped into this state for feeding direct to a
31registered feedlot is
forty-three cents ($0.43) for each animal that
32is inspected.
33(3) The fee for inspecting an animal that was inspected at a
34posted stockyard or posted saleyard in this state, and shipped direct
35to a registered feedlot, is forty-three
cents ($0.43) for each animal
36that is inspected.
Section 21283.5 of the Food and Agricultural Code is
38amended to read:
Except as otherwise provided in this article, on all
40private treaty transaction inspections, as defined in Section 20026,
P5 1regardless of destination, the fee of one dollar and twenty-five
2cents ($1.25) shall be paid at the point of inspection for each animal
3that is inspected.
Section 21285 of the Food and Agricultural Code is
5amended to read:
The fee is one dollar and twenty-five cents ($1.25) for
7the inspection before sale of each animal at a public saleyard that
8is posted by the Secretary of Agriculture of the United States or
9at a public saleyard if the animal originated in another state and it
10was shipped to this state, consigned to that public stockyard or
11public saleyard.
Section 21288 of the Food and Agricultural Code is
13amended to read:
In a modified point-of-origin inspection area, as
15provided in Section 21111, the fee for the inspection of cattle,
16other than suckling calves that are accompanying their mothers,
17is one dollar and twenty-five cents ($1.25)
per head if the cattle
18are transported out of the area for purposes other than sale or
19slaughter and no change of ownership is involved.
Section 21288.5 of the Food and Agricultural Code
21 is amended to read:
For cattle, other than suckling calves accompanying
23their mothers, transported out of the state for purposes other than
24sale or slaughter and where no change of ownership is involved,
25the inspection fee is one dollar and twenty-five cents
($1.25) per
26head.
Section 21563 of the Food and Agricultural Code is
28amended to read:
Except as otherwise provided in this article, the fee
30shall be paid at the point of inspection and is one dollar and seventy
31cents ($1.70) for each carcass or hide that is inspected.
Section 21563.5 of the Food and Agricultural Code
33 is amended to read:
The fee for the inspection of each carcass or hide
35shall be one dollar and seventy cents ($1.70) for each carcass and
36hide originating in those counties or geographical areas where a
37point-of-origin inspection is maintained pursuant to Article 4
38(commencing with Section 21141) of Chapter 6.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P6 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
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