SECTIONS 10781-10786 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 10781-10786

10781. The director may adopt regulations to control or eradicate
hog cholera, swine brucellosis, pseudorabies, and other swine
diseases in any of the following ways:
(a) Through limitations on the movement of swine.
(b) Through the use of hog cholera vaccine, or other biologics.
(c) Through tests or vaccinations.
(d) Any other similar means that he or she finds and determines
is necessary.

10782. The department, after notice and hearing, may revoke a
license granted by the department to a person conducting business as
a packer, stockyard, dealer, agent, or any individual that receives,
transports or deals with the marketing of swine or swine products
that violates this chapter or a regulation adopted pursuant to this
chapter.

10783. A previous violation of any provision of this chapter, or a
regulation adopted pursuant to this chapter, is sufficient cause for
the revocation of a license under Section 10782. Proof of a previous
violation of this code, or a regulation adopted pursuant to this
article, shall be considered an aggravating factor for a current
offense.

10784. Any proceeding for the denial or revocation of a license
pursuant to Section 10782 shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. The department shall have all of the
powers that are granted in that Chapter 5.

10785. If the secretary finds and determines that similar
regulations are necessary to control the diseases described in
Section 10781 while hogs or swine are in interstate movement, the
secretary shall notify the Governor so that the Governor may act
pursuant to Section 9570.

10786. (a) (1) Whenever a person violates any regulation that is
adopted pursuant to this article, the department may impose an
administrative penalty not to exceed one hundred dollars ($100) per
individual animal for each violation.
(2) If the department issues an administrative penalty pursuant to
paragraph (1), the department shall issue a Notice of Violation to
the alleged offender or the offender's agent. The notice shall be
written in plain English and shall inform the offender as to how the
offender may challenge the administrative penalty.
(b) (1) A willful and knowing violation of any regulation that is
adopted pursuant to this article is a crime, punishable as (A) an
infraction by a fine of not more than one hundred dollars ($100) per
individual animal for each violation, (B) a misdemeanor, or (C) a
felony.
(2) Notwithstanding any other provision of law, the imposition of
an administrative penalty pursuant to subdivision (a) shall not
preclude prosecution of a person pursuant to paragraph (1).