SECTIONS 21731-21751 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 21731-21751

21731. Stockyards which are posted by the United States Department
of Agriculture under the Packers and Stockyards Act (7 U.S.C., Sec.
181 et seq.), agricultural fairs, 4-H Clubs, Future Farmers, Junior
Farmers, and associations which sponsor purebred cattle sales for
their members are exempt from the license provisions of this article.

21732. The license and bond provisions of this article do not apply
to the sale by an auctioneer of cattle on the premises of the owner
of the cattle whether or not such a sale includes the sale of cattle
of other livestock owners in the vicinity of such premises. If,
however, an animal which does not belong to the owner of the premises
is auctioned, the auctioneer shall specifically designate the person
that is the owner of the animal.

21733. A person shall not engage in the business of selling cattle
at a public salesyard unless he has done all of the following:
(a) Obtained a license from the bureau to carry on such business
at each such salesyard.
(b) Executed for each such salesyard a bond to the state in the
sum of one thousand dollars ($1,000).

21734. The bond required pursuant to Section 21733 is subject to
the approval of the director and shall be conditioned as follows:
(a) That the person shall not sell any cattle unless he is the
owner of the cattle or is authorized to sell them by the owner.
(b) That, if he does sell any cattle which he does not own without
authorization from the owner, he shall, in addition to all other
statutory penalties, pay the value of the animals.

21735. Any amount which is recovered upon the bond shall be paid to
the owner of the animal.

21736. The bureau shall grant to every applicant that complies with
this article and the regulations which are adopted pursuant to it, a
separate license to operate each salesyard for the balance of the
current calendar year upon the payment of a fee of one hundred
dollars ($100) for each salesyard.

21737. A permit shall be granted by the bureau to change the
address or location of a previously licensed salesyard. No additional
license fee or bond shall be collected for issuing a permit to
change the address or location.

21738. Each such license shall be renewed on or before the first
day of each succeeding calendar year. The renewal fee is one hundred
dollars ($100) for each salesyard.

21743. Any person that is engaged in the business of selling cattle
on consignment at any public stockyard, public salesyard, or public
cattle sales market shall prepare a certificate of consignment on or
before the day of a sale which contains all of the following:
(a) The name and address of the owner.
(b) The name and address of the consignee.
(c) A description of each animal which shall indicate the sex, the
breed and, in the case of branded animals, the brand and brand
location.
(d) Signature of the owner or his agent.
The certificate of consignment shall be kept by the seller for a
period of one year after the date of sale. Any such certificate shall
be exhibited on the demand of any peace officer or any agent of the
department.

21744. Cattle shall not be released from a public stockyard, public
salesyard, public cattle sales market, or any other public
consignment sale or private auction sale unless they are accompanied
by a brand inspection certificate or by a press-numbered bill of sale
or a press-numbered certificate of sale that is issued and signed by
a representative of the salesyard, as agents for the consignor.

21745. The press-numbered bill of sale or press-numbered
certificate of sale that is required pursuant to Section 21744 shall
contain all of the following information on a form that is approved
by the chief:
(a) Date of sale.
(b) Name and address of the buyer.
(c) Description of each animal that is sold that includes its
brands and brand location, sex, and breed of unbranded animals.
(d) Origin and destination of the animals.
(e) The name of the person conducting the sale.
The press-numbered bill of sale or press-numbered certificate of
sale shall be kept by the seller for a period of one year after the
date of sale. Any such document shall be exhibited on the demand of
any peace officer or any agent of the department.

21746. The director may make regulations which govern the brand
inspection of cattle at public salesyards, public stockyards and at
private cattle auction sales. The regulations may provide a schedule
of fees to cover the cost of inspection of cattle at such salesyards
and stockyards, and private sales. In establishing the fee schedule
the director shall take into consideration the brand inspection fees
collected. The payment of the fees established by the director shall
be the obligation of the operator of the salesyard, stockyard, or
private sale and shall not be an added charge to the consignor or
seller of the livestock.

21747. It is unlawful for any person to sell cattle at a public
salesyard or release cattle from public salesyards unless an
inspector has made a brand inspection of animals which are consigned
or shipped to such yard.

21748. It is unlawful for any person to release any cattle which
are sold at public auction unless the required brand inspection
certificate has been prepared by the inspector in advance of the
release of the cattle from the premises where the auction was
conducted.

21749. Except as otherwise provided in Section 21750, any person
that engages as a business in the sale of cattle at a public
salesyard without a license is, in addition to all other penalties,
liable to a penalty of twenty-five dollars ($25) and an additional
penalty of one dollar ($1) per day for every day he has operated a
public salesyard without a license.

21750. Any public cattle salesyard operator that has had a previous
license and continues to operate a public salesyard after the
expiration of his license is not required to pay penalties pursuant
to Section 21749 if he applies for a new license within 30 days after
the expiration of his license.

21751. (a) If cattle sold at a public auction have a dairy
exemption number, the auctioneer shall announce at the sale that
those cattle are being sold under the dairy exemption number
provision and must go directly to slaughter.
(b) Any person who buys cattle under a dairy exemption number at a
public auction and fails to send those cattle directly to slaughter
is guilty of a public offense punishable by a fine not exceeding one
hundred dollars ($100) per incident for the first violation, not
exceeding two hundred fifty dollars ($250) per incident for a second
violation, and not exceeding five hundred dollars ($500) per incident
for a third or subsequent violation. These penalties shall take
effect on July 1, 2007. Prior to that date, the department shall
notify salesyard managers and dairy producers at salesyards that it
is a violation of law to neglect to send cattle covered by this
section directly to slaughter, and issue oral or written warnings for
noncompliance.