BILL NUMBER: AB 1782 CHAPTERED 09/13/00 CHAPTER 425 FILED WITH SECRETARY OF STATE SEPTEMBER 13, 2000 APPROVED BY GOVERNOR SEPTEMBER 12, 2000 PASSED THE ASSEMBLY AUGUST 23, 2000 PASSED THE SENATE AUGUST 22, 2000 AMENDED IN SENATE AUGUST 18, 2000 AMENDED IN SENATE JUNE 27, 2000 AMENDED IN SENATE JUNE 13, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 AMENDED IN ASSEMBLY APRIL 3, 2000 INTRODUCED BY Assembly Member Florez JANUARY 25, 2000 An act to add Chapter 4 (commencing with Section 10610) to Part 2 of Division 5 of the Food and Agricultural Code, relating to cattle disease control. LEGISLATIVE COUNSEL'S DIGEST AB 1782, Florez. Cattle disease control. Existing law provides for the control of diseased bovines with bovine tuberculosis and bovine brucellosis, as specified, and broadly authorizes the State Veterinarian to order the quarantine, movement, segregation, isolation, or destruction of animals or food products to prevent the spread of illness to humans or other animals. This bill would provide that the Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in specified ways. The bill would require the secretary to appoint an advisory task force made up of livestock industry representatives and university researchers, to advise the secretary on the control and management of cattle health diseases and evaluating the effectiveness of programs established under the bill. The bill would authorize the secretary to impose fees at a level necessary to generate revenue sufficient to offset the actual costs of any program established pursuant to the bill, provided that these fees do not exceed the actual costs of regulation or impair the department's animal disease surveillance, public health, and food safety responsibilities. The bill would require the secretary to consult with the advisory task force prior to the adoption of regulations or the imposition of fees. This bill would also authorize the secretary to establish accounts to implement these provisions and would provide that its provisions shall not be construed to limit or restrict the power of the State Veterinarian to quarantine or destroy animals and food products, as specified. Furthermore the bill would make it a misdemeanor for anyone to willfully and knowingly violate any regulation adopted pursuant to the bill. The bill would also provide for the civil prosecution of, and civil penalties for, a violation of any regulation adopted pursuant to the bill, as specified. By creating new crimes, this bill would impose a state-mandated local program. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 4 (commencing with Section 10610) is added to Part 2 of Division 5 of the Food and Agricultural Code, to read: CHAPTER 4. CATTLE DISEASE CONTROL 10610. (a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in any of the following ways: (1) Requiring permits before entry of, and limitations on the importation of, cattle and other animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle. (2) Limitations on the intrastate or interstate movement of cattle, in compliance with any applicable federal law. (3) Diagnostic tests, vaccinations, treatments, or other appropriate methods, including, but not limited to, the mandated reporting by designated parties. (4) Notification of owners of cattle that have been exposed, or may have been exposed, to infectious animals or materials. (5) Similar means that the secretary finds and determines are necessary. (b) (1) The secretary shall appoint an advisory task force, including, but not limited to, livestock industry representatives and university researchers, for the purposes of advising the secretary on the control and management of cattle health diseases and evaluating the effectiveness of programs established pursuant to this chapter. The secretary shall consult with the advisory task force prior to the adoption of regulations or the imposition of fees by the secretary. (2) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (c) (1) Any person that willfully and knowingly violates any regulation adopted pursuant to this chapter is guilty of a misdemeanor. (2) In lieu of seeking prosecution of any violation of this chapter as a misdemeanor, the secretary may prosecute civilly, or levy civil penalties, pursuant to Sections 9166 and 9167. (d) The secretary may impose fees to offset the costs of any program established pursuant to this section, provided that the total fees collected do not exceed the actual costs of regulation or impair the department's animal disease surveillance, public health, and food safety responsibilities. (e) The secretary is authorized to establish accounts within the Food and Agriculture Fund as necessary to efficiently administer the department's responsibilities pursuant to this chapter. (f) Nothing in this chapter shall be construed to limit or restrict the authority granted to the State Veterinarian in Section 9562. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.