SECTIONS 9161-9169 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 9161-9169

9161. It is unlawful for any person to bring, cause to be brought,
or aid in bringing into the state any domestic animal which such
person knows is infected with any contagious disease.

9162. Except as otherwise provided in Section 9571, it is unlawful
for any person to knowingly sell, use, expose, or fail to immediately
kill, after notification of its condition from a licensed
veterinarian or the department, any horse, mule, or other animal
which has the disease that is known as dourine, as shown by a
complement-fixation test, or which has the disease known as glanders,
or farcy, as shown by a reaction to the mallein test, physical
examination, or other test or examination which is recognized by the
department.

9163. Any person that owns or has possession or control of any
animal which is affected by any contagious or infectious disease,
that fails to keep the animal within an inclosure, or herd the animal
in a place where it is secure from contact with other animals of
like kind that are not so affected, or that permits the infected
animal to be driven on any public highway, is guilty of a
misdemeanor, which is punishable by a fine of not more than one
thousand dollars ($1,000) for each offense.

9164. In order to prevent the spread of any livestock disease, it
is unlawful for any person, that does not have a written permit
issued by the director, to remove, or cause to be removed, any
livestock from slaughterhouse pens, yards, corrals, or similar
holding places where livestock is held for the purpose of immediate
slaughter, except directly into the slaughterhouse that controls such
pens, yards, corrals, or similar holding places.

9165. Except for Sections 10492 and 10494, any person that violates
any provision of this division is guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than one hundred
dollars ($100) nor more than one thousand dollars ($1,000), or by
imprisonment of not less than 10 days nor more than six months, or by
both such fine and imprisonment.

9166. (a) In addition to any other penalty or fine prescribed by
law, any person who violates any provision of this division, or any
regulation which is issued pursuant to this division, is subject to
an administrative penalty of not less than one hundred dollars ($100)
or more than one thousand dollars ($1,000) for each violation. Each
violation during any day constitutes a separate offense. Any money
that is recovered under this section shall be paid into the State
Treasury and shall be credited to the Department of Food and
Agriculture Fund.
(b) If the secretary finds that a violation has occurred, the
person charged shall receive notice of the nature of the violation,
and shall be given an opportunity to be heard in accordance with
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code, except that informal hearing
procedures may not be used under the circumstances described in
subdivision (a) or (b) of Section 11445.20 of the Government Code.

9167. The Attorney General shall, upon complaint by the director,
or may, upon his own initiative, if after examination of the
complaint and evidence he believes a violation has occurred, bring an
action for civil penalties in the name of the people of this state
in any court of competent jurisdiction in this state against any
person violating any provision of this division.

9168. The Attorney General shall, upon complaint by the director,
or may upon his own initiative, if after examination of the complaint
and evidence he believes a violation has occurred, bring an action
in the name of the people of this state in the superior court for an
injunction against any person violating any provision of this
division or any regulation which is adopted by the director pursuant
to it.
Any proceedings pursuant to this section shall conform to the
requirements of Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure. The director shall not,
however, be required to allege facts necessary to show or tending to
show lack of adequate remedy at law or to show or tending to show
irreparable damage or loss.

9169. It is unlawful for any person to defeat or interfere with or
to attempt to defeat or interfere with any animal disease test
authorized by any provision of this division.