SECTIONS 21281-21292 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 21281-21292

21281. All brand inspection fees are due and payable at the time of
the inspection. The amount which is due for all inspections that are
made shall be paid to the director within 30 days after the issuance
of the brand inspection certificates by the inspector for the cattle
which were inspected, unless there is on deposit with the bureau a
bond in an amount and form which is approved by the chief or a cash
deposit to cover the payment of the fees.

21281.5. In addition to other applicable fees, as provided by this
chapter, the director may impose a service charge in an amount not to
exceed ten dollars ($10) for each site at which an inspection is
performed.

21282. Any fees which are due and payable for brand inspections
which are not paid as required by this article may be recovered by
the director pursuant to Section 281. Inspection services may be
refused for nonpayment of prior services which have been rendered.
When the brand inspection fees due are not paid in accordance with
Section 21281, a penalty assessment shall be added to such fees and
collected as follows:
(a) When the brand inspection fees due are greater than
twenty-five dollars ($25), then 20 percent of such fees shall be
added to the inspection fees.
(b) When the brand inspection fees due are twenty-five dollars
($25) or less, five dollars ($5) shall be added to the inspection
fees.

21283. (a) Unless otherwise provided in this article, inspection
fees shall be paid at the point of inspection.
(b) The fee for inspection is one dollar and five cents ($1.05)
for each animal which is inspected, except as follows:
(1) The fee for inspection at a registered feedlot, as defined in
Section 20015, is fifty-four cents ($0.54) for each animal which is
inspected.
(2) The fee for inspecting any animal which originated in another
state and was shipped into this state for feeding direct to a
registered feedlot is thirty-six cents ($0.36) for each animal which
is inspected.
(3) The fee for inspecting an animal which was inspected at a
posted stockyard or posted saleyard in this state and shipped direct
to a registered feedlot is thirty-six cents ($0.36) for each animal
which is inspected.

21283.5. Except as otherwise provided in this article, on all
private treaty transaction inspections, as defined in Section 20026,
regardless of destination, the fee of one dollar and five cents
($1.05) shall be paid at the point of inspection for each animal
which is inspected.

21284. A charge shall not be made for the inspection of suckling
calves which are accompanying their mothers if they are transported
for purposes other than for sale or slaughter and without a change in
ownership.

21285. The fee is one dollar and five cents ($1.05) for the
inspection before sale of each animal at a public saleyard which is
posted by the Secretary of Agriculture of the United States or at a
public saleyard if the animal originated in another state and it was
shipped to this state, consigned to that public stockyard or public
saleyard.

21288. In a modified point-of-origin inspection area, as provided
in Section 21111, the fee for the inspection of cattle, other than
suckling calves which are accompanying their mothers, is one dollar
and five cents ($1.05) per head if the cattle are transported out of
the area for purposes other than sale or slaughter and no change of
ownership is involved.

21288.5. For cattle, other than suckling calves accompanying their
mothers, transported out of the state for purposes other than sale or
slaughter and where no change of ownership is involved the
inspection fee is one dollar and five cents ($1.05) per head.

21289. The fee for the inspection of cattle which originated in any
county or geographical area where a full point-of-origin inspection
is maintained pursuant to Article 4 (commencing with Section 21141)
shall be established by the director, upon recommendation of the
Livestock Identification Advisory Board, in an amount sufficient to
cover the actual costs incurred by the bureau in performing the
inspection. A fee shall not be charged for any suckling calves which
are accompanying their mothers if they are not shipped for sale or
slaughter and no change of ownership is involved. Cattle moving out
of a full point-of-origin area to a destination inspection point are
exempt from the destination inspection fee. However, these cattle are
subject to further inspection.

21290.5. Any person who receives cattle from any cattle sale
market, either public or private, including any public stockyard
where sales of cattle are held, may, upon request and upon payment of
a fee of seventy cents ($0.70) per head before accepting delivery of
any cattle from that market or stockyard, have a reinspection of the
cattle.

21291. The fees which are provided in Article 9 (commencing with
Section 21281) and Article 5 (commencing with Section 21561) may be:
(a) Lowered by the director, based upon a finding and
recommendation of the Livestock Identification Advisory Board,
whenever they determine that the cost of administering and enforcing
the provisions of this division may be maintained with a lower fee.
(b) Increased, by an amount not to exceed 20 percent of the
statutory fee, by the director upon the recommendation of the
Livestock Identification Advisory Board whenever they determine that
the costs of administering and enforcing the provisions of this
division require a greater fee. The advisory board must approve any
increase in fees by a two-thirds vote of its entire membership.

21292. (a) The Bureau of Livestock Identification is authorized to
enter into a Memorandum of Understanding with any purebred cattle
producer or breeder for purposes of pre-inspection of purebred bulls,
or 4H or Future Farmers of America project calves, that are for sale
within the state.
(b) The Memorandum of Understanding shall contain, but is not
limited to, all of the following:
(1) All bulls and project calves for sale must be identified.
(2) All bulls and project calves must be placed into and remain
in, an enclosure designated as a selling pen.
(3) All bulls and project calves shall be inspected and identified
by a Brand Inspector.
(4) When bulls or project calves are sold, the seller shall
furnish the purchaser with a fully completed Bill of Sale or
Consignment, including identification numbers for all bulls or
project calves.
(5) The seller shall mail a duplicate copy of the Bill of Sale or
Consignment to the Brand Inspector with a stamped envelope bearing
the purchaser's complete name and address.
(6) The Brand Inspector shall then issue a Brand Inspection
Certificate and mail it to the purchaser.
(7) Brand inspection fees shall be paid on each certificate
issued. The Brand Inspector shall collect fees for the certificates
as they are issued.
(8) The Brand Inspector shall be contacted and a Brand Inspection
Certificate issued before the animal leaves the seller's premises for
any bull or project calf that is sold and is to be transported out
of the state.
(9) Each Memorandum of Understanding shall expire one year from
the date that the completed document is dated.
(c) There shall be signature blocks for the producer or breeder,
the Brand Inspector, and the Regional Brand Inspector, and dates for
when the signatures are made. There shall also be a date for the
document.
(d) This memorandum of understanding may be discontinued by the
Chief of the Bureau of Livestock Identification upon a finding by the
chief that any provision is not being met, or at any time that the
chief determines that further action is necessary in order to satisfy
brand inspection requirements and the integrity of the program set
forth in Chapter 6 and Chapter 7 of Division 10.