SECTIONS 14351-14365 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 14351-14365

14351. It is unlawful for any person to sell any livestock drug
which is subject to any provision of this chapter unless the drug is
registered pursuant to this chapter.

14352. It is unlawful for any registrant to sell any livestock drug
which does not conform with its registration.

14353. It is unlawful for any person to administer any registered
livestock drug to any human being.

14354. It is unlawful for any person to sell any restricted drug
unless such person has a license issued pursuant to this chapter.

14355. It is unlawful for any person to use or administer any
registered livestock drug except in accordance with the label
instructions for use which are supplied by the registrant, including
all warnings, withdrawal periods, and livestock product disposal
times.

14356. It is unlawful for the holder of a restricted drug license
to sell a restricted drug without requiring the purchaser of the
restricted drug to sign his name and write his address in the record
of such sales.

14357. It is unlawful for any person to refuse to permit the entry
into and inspection of any premises wherein any livestock drug is
manufactured or sold for the taking of samples of such drug.

14358. It is unlawful for any person to sell any livestock drug
except in the container in which it is packaged by the manufacturer
or distributor or to sell any such drug unless its package bears the
label of the manufacturer or distributor.

14359. It is unlawful for any person to make any false or
misleading representation which relates to any livestock drug,
whether such representation is communicated orally, graphically,
pictorially, or otherwise.

14360. It is unlawful for any livestock owner or his or her agent
to sell or dispose of treated livestock or livestock products within
the specified withdrawal period without first notifying the buyer
that the livestock or products have been treated. The notification
shall be in a form prescribed by the director.

14361. The director may seize and hold any livestock drug which he
has reasonable cause to believe is in violation of the provisions of
this chapter or the regulations adopted pursuant to it. The director
shall continue to hold the livestock drug until such time as the
requirements of this chapter have been complied with, at which time
the lot shall be released. If the requirements of this chapter cannot
be complied with, the director shall issue an order for disposal of
the livestock drug, in a manner determined by him to protect the
public health and safety and accomplish purposes of this chapter.

14362. It is unlawful for any person to manufacture, distribute,
sell, or use any livestock drug without complying with the provisions
of this chapter and the regulations which are adopted pursuant to
it.

14363. (a) It is unlawful for any livestock owner or agent to sell
or dispose of any livestock or livestock carcasses which within 48
hours after the buyer takes possession have drug residues in excess
of allowable federal or state tolerances. In addition to any other
penalties imposed by this chapter, any livestock owner or agent
violating this section shall be liable to the buyer for an amount
equal to three times the purchase price of any livestock or livestock
carcasses with drug residues in excess of allowable federal or state
tolerances so long as the liability does not conflict with the
federal Packers and Stockyards Act, and shall be liable for a civil
penalty of not more than one hundred dollars ($100) for each head of
livestock or livestock carcass disposed of or sold. In addition, the
livestock owner or agent shall be liable for any attorney's fees.
(b) In addition to the penalties imposed by this chapter, the sale
or disposition of any livestock or livestock carcass which, within
48 hours after the buyer takes possession, has drug residue in excess
of allowable federal or state tolerances, is punishable by an
administrative fine, levied by the director, in the amount of two
hundred fifty dollars ($250) per head for a second or subsequent
violation within a 12-month period.
(c) In lieu of assessing the administrative fine, the director may
authorize a violator to attend an educational program on livestock
drug residue avoidance which has been approved by the director. The
violator shall successfully complete the program and provide proof to
the director within 90 days from the occurrence of the violation.
(d) This section does not affect any rights or obligations under
any contract between a livestock owner or agent, buyer, or any other
party.
(e) Any additional funds collected as administrative fines
pursuant to this section shall be deposited in the General Fund.

14364. (a) It is unlawful to sell or dispose of a bob veal calf for
the purposes of slaughter without first affixing to the animal a
producer identification number approved by the director.
(b) For purposes of this chapter, "bob veal calf" means a bovine
animal 21 days of age or less or weighing 150 pounds or less, or as
specified in Food Safety Inspection Service regulations of the United
States Department of Agriculture.
(c) Bob veal calves that are identified as provided in Division 10
(commencing with Section 20001) are exempt from this section.

14365. (a) It is unlawful to sell or dispose of a dairy cull cow
without first affixing to the animal a producer identification number
issued by the director.
(b) For purposes of this chapter, "cull cow" means a female bovine
animal 21 days of age or more, which is sold or disposed of for the
purpose of slaughter.
(c) Cull cows that are identified as provided in Division 10
(commencing with Section 20001) are exempt from this section.