Article 7. Slaughter Of Exposed Nonreacting Animals of California Food And Agricultural Code >> Division 5. >> Part 2. >> Chapter 3. >> Article 7.
Notwithstanding any other provision of this chapter, the
secretary may proceed with the identification of nonreacting animals
in a herd in the same manner as provided in Section 10401 and require
the slaughter of those animals and the disinfection of the premises
where the animals have been kept if all of the following requirements
are satisfied:
(a) The secretary determines that bovine brucellosis cannot be
eradicated or effectively controlled in the particular herd by the
usual recognized methods.
(b) The secretary determines that slaughter of the remaining
exposed nonreacting animals in the herd is the best and most
practical method of attaining eradication or control.
(c) The secretary has entered into a voluntary agreement with the
owner of the nonreacting animals to carry out the purposes and
conditions of this chapter.
(d) Funds are available to indemnify the owner of the nonreacting
animals.
The value of a nonreacting animal that is slaughtered shall
be determined by appraisement by a representative of the department
or a representative of the Agricultural Research Service of the
United States Department of Agriculture, and by the owner or his or
her agent. If these persons do not agree on the valuation of the
animal, the animal shall be appraised by the chief appraiser of the
department, or his or her representative. In either event, the value
that is determined is final.
If a nonreacting animal is slaughtered pursuant to this
article, and indemnity funds are available, the owner of the animal
may receive part or all of the following:
(a) The proceeds of the sale of the salvage of the animal.
(b) From the United States Department of Agriculture, any sum that
is authorized to be paid to the owner from any appropriation that is
made by the United States Department of Agriculture to assist in the
eradication of brucellosis in cattle in this state.
Indemnity provided by this article shall not be paid in any
of the following cases:
(a) For any bovine animal which reacts to the brucellosis test or
shows active brucellosis prior to or at slaughter. In this case, the
indemnity rate which is provided in Section 10405 shall apply.
(b) For any bovine animal, unless all exposed cattle, swine,
goats, sheep, and horses on the premises are slaughtered.
(c) For any bovine animal, until the premises where the animal has
been kept have been cleaned and disinfected by the owner in a manner
which is approved by an agent of the department or of the United
States Department of Agriculture.
(d) For any steer or grade bull.
(e) For any animal which is owned by the United States, this
state, or any county or city in the state.
(f) If the owner is in violation of any provision of this chapter
or any regulation which is made by the department that relates to
bovine brucellosis.
(g) For any animal which is not slaughtered within 30 days after
such animal is appraised.
(h) For any bovine animal which originated in another state or
country that has not been in this state for at least 90 days.