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 cattle on a form 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 of processing the form 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 April 30 after its recordation,
P3 1pay to the bureau a biennial period renewal fee of seventy dollars
2($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 cattle on a form prescribed by the
9department.
10(c) The department may charge a fee to cover the reasonable
11costs of processing the form identified in subdivision (b), but the
12fee shall not exceed fifty dollars ($50) or the department’s actual
13costs of conducting these activities.
14(d) An owner of cattle that is otherwise exempt from inspection
15pursuant to this section may elect to have that cattle inspected
16pursuant to Section 21051.
17(e) A violation of this section shall be subject to the penalties
18described in Section
21051.3.
Section 21283 of the Food and Agricultural Code is
20amended to read:
(a) Unless otherwise provided in this article, inspection
22fees shall be paid at the point of inspection.
23(b) The fee for inspection is one dollar and twenty-five cents
24($1.25) for each animal that is inspected, except as follows:
25(1) The fee for inspection at a registered feedlot, as defined in
26Section 20015, is sixty-four cents ($0.64) for each animal that is
27inspected.
28(2) The fee for inspecting an animal that originated in another
29state and was shipped into this state for feeding direct to a
30registered feedlot is forty-three
cents ($0.43) for each animal that
31is inspected.
32(3) The fee for inspecting an animal that was inspected at a
33postedbegin delete stockyardend deletebegin insert stockyard,end insert or postedbegin delete saleyardend deletebegin insert saleyard,end insert in this
34state, and shipped direct to a registered feedlot, is forty-three cents
35($0.43) for each animal that is inspected.
Section 21283.5 of the Food and Agricultural Code is
37amended to read:
Except as otherwise provided in this article, on all
39private treaty transaction inspections, as defined in Section 20026,
40regardless of destination, the fee of one dollar and twenty-five
P5 1cents ($1.25) shall be paid at the point of inspection for each animal
2that is inspected.
Section 21285 of the Food and Agricultural Code is
4amended to read:
The fee is one dollar and twenty-five cents ($1.25) for
6the inspection before sale of each animal at a public saleyard that
7is posted by the Secretary of Agriculture of the United States or
8at a public saleyard if the animal originated in another state and it
9was shipped to this state, consigned to that public stockyard or
10public saleyard.
Section 21288 of the Food and Agricultural Code is
12amended to read:
In a modified point-of-origin inspection area, as
14provided in Section 21111, the fee for the inspection of cattle,
15other than suckling calves that are accompanying their mothers,
16is one dollar and twenty-five cents ($1.25) per head if the cattle
17are transported out of the area for purposes other than sale or
18slaughter and no change of ownership is involved.
Section 21288.5 of the Food and Agricultural Code
20 is amended to read:
For cattle, other than suckling calves accompanying
22their mothers, transported out of the state for purposes other than
23sale or slaughter and where no change of ownership is involved,
24the inspection fee is one dollar and twenty-five cents ($1.25) per
25head.
Section 21563 of the Food and Agricultural Code is
27amended to read:
Except as otherwise provided in this article, the fee
29shall be paid at the point of inspection and is one dollar and seventy
30cents ($1.70) for each carcass or hide that is inspected.
Section 21563.5 of the Food and Agricultural Code
32 is amended to read:
The fee for the inspection of each carcass or hide
34shall be one dollar and seventy cents ($1.70) for each carcass and
35hide originating in those counties or geographical areas where a
36point-of-origin inspection is maintained pursuant to Article 4
37(commencing with Section 21141) of Chapter 6.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P6 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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