SECTIONS 9261-9269 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 9261-9269

9261. License for any establishment or registration of any biologic
may be denied, suspended, or revoked by the director for failure to
meet the requirements of this chapter or for the violation of any
provision of this chapter, or of any rule or regulation adopted by
the director under this chapter. The proceedings shall be conducted
in accordance with Chapter 5 (commencing with Section 11500), Part 1,
Division 3, Title 2 of the Government Code.

9261. License for any commercial blood bank for animals or
registration of any blood or blood component product may be denied,
suspended, or revoked by the secretary for failure to meet the
requirements of this chapter or for the violation of any provision of
this chapter, or of any rule or regulation adopted by the secretary
under this chapter. The proceedings 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.

9262. The biologics prepared prior to July 1, 1975, in laboratories
licensed pursuant to Chapter 4 (commencing with Section 1600) of
Division 2 of the Health and Safety Code, which have an expiration
date of July 1, 1975, or later, are not subject to the provisions of
this chapter.

9263. If the director finds that biologics do not conform to the
requirements of Section 9242 or 9243 or the use or continued use of
such products constitutes an immediate danger to persons or animals,
he may, after notice, suspend the registration of such biologics or
license of an establishment producing such biologics pending a
hearing and final decision.

9263. If the secretary finds that blood or blood component products
do not conform to the requirements of Section 9242 or the use or
continued use of such products constitutes an immediate danger to
animals, the secretary may, after notice, suspend the registration of
those blood or blood component products or license of an
establishment producing those blood or blood component products
pending a hearing and final decision.

9264. If the director finds a serial or serials of a registered
biologic which do not meet the requirements of Section 9242 or 9243,
he may order such serial or serials to be held on the premises where
found or elsewhere until he has determined that the products may be
safely released for the purposes intended.
The director may order the destruction of any products under such
a hold order if the products cannot be made to meet the requirements
of Section 9242 or 9243.

9264. (a) If the secretary finds blood or blood component products
that do not meet the requirements of Section 9242, the secretary may
order those blood or blood component products to be held on the
premises where found or elsewhere until he or she has determined that
the products may be safely released for the purposes intended.
(b) The secretary may order the destruction of any blood or blood
component products under a hold order if the blood or blood component
products cannot be made to meet the requirements of Section 9242.

9266. The department, or humane officers under contract with the
department, shall inspect commercial blood banks for animals licensed
by the department at least once a year to ensure compliance with the
protocols required by subdivision (e) of Section 9221.

9267. Notwithstanding Section 4827 of the Business and Professions
Code, for commercial blood banks for animals licensed by the
department, anesthesia shall be performed by a California licensed
veterinarian or by a registered veterinary technician under the
direct supervision of a California licensed veterinarian.

9267. Notwithstanding Section 4827 of the Business and Professions
Code, for commercial blood banks for animals licensed by the
department, anesthesia shall be performed pursuant to Section 4826 of
the Business and Professions Code.

9268. The requirements set forth in subdivision (c) of Section
9212, subdivision (e) of Section 9221, subdivision (c) of Section
9231, and Sections 9265, 9266, and 9267:
(a) Shall not apply to those facilities required to be inspected
by the United States Department of Agriculture in accordance with the
Animal Welfare Act (Chapter 54 (commencing with Section 2131) of
Title 7 of the United States Code), or to federal biologics
licensees.
(b) Shall apply to those facilities housing blood donor animals
under contract with commercial blood banks for animals licensed by
the department.
(c) Shall not apply to private veterinarians who maintain their
own, in-office blood donor animals for use in their own practice.

9268. The requirements set forth in subdivision (c) of Section
9212, subdivision (e) of Section 9221, subdivision (c) of Section
9231, and Sections 9266 and 9267:
(a) Shall not apply to those facilities required to be inspected
by the United States Department of Agriculture in accordance with the
Animal Welfare Act (Chapter 54 (commencing with Section 2131) of
Title 7 of the United States Code).
(b) Shall apply to those facilities housing blood donor animals
under contract with commercial blood banks for animals licensed by
the department.
(c) Shall not apply to private veterinarians who maintain their
own, in-office blood donor animals for use in their own practice.

9269. (a) Except as provided in subdivision (b), all records held
by the department relating to this chapter, including, but not
limited to, records relating to applications, fees, or inspections
required by this chapter, shall be confidential and not subject to
disclosure under the California Public Records Act contained in
Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code.
(b) Notwithstanding subdivision (a), records held by the
department relating to this chapter shall be accessible to law
enforcement officers with jurisdiction over any matter covered by
this chapter.