Article 3. Application Of The Chapter of California Health And Safety Code >> Division 2. >> Chapter 5. >> Article 3.
No person shall keep or use animals for diagnostic purposes,
education or research unless approved by the board.
The board shall prescribe the rules under which approval
shall be granted including the standards regarding the care and
treatment of such animals employed. Any person desiring approval to
use animals for the purposes covered by this chapter shall make
application to the department for such approval on forms provided by
the department. The board shall grant approval on forms provided by
the department to any person who has made application in accordance
with the provisions of this article and who is found to be in
compliance with the provisions of this chapter and the rules and
regulations of the board. Any person keeping or using animals under
the provisions of this chapter shall display in a prominent place the
certificate of approval granted for such purpose. Such approval
shall remain in effect for one fiscal year if not revoked by the
board. If the board does not within ninety (90) days after the filing
of this application grant approval it shall state the grounds and
reasons for its refusal in writing, serving a copy upon the
applicant, the notice may be served by registered mail addressed to
the applicant at his last known address.
The board may, upon its own motion, and shall upon the
verified complaint in writing of any person, investigate the actions
of any person keeping or using animals for research or diagnostic
purposes within this State, and it may temporarily suspend or
permanently revoke a certificate of approval at any time where the
holder of such a certificate, within the immediately preceding three
years, while a holder of a certificate of approval, in performing or
attempting to perform any of the acts within the scope of this
chapter, has been guilty of the breach of any of the provisions of
this chapter or of any reasonable rule or regulation adopted by the
board for the purpose of carrying out the provisions of this chapter.
The board may promulgate and adopt reasonable rules and regulations
concerning the procedure for the drafting, filing and disposition of
verified complaints of individuals. Procedure for revocation or
suspension of approval shall be in accordance with the provision of
the Administrative Procedure Act Government Code, Title 2, Division
3, Part 1, Chapter 5, and the department shall have all the powers
granted therein.
This chapter does not apply to any veterinary licensed to
practice veterinary medicine in this State or to any place of
business operated by such veterinary, nor to animal training, animal
cosmetics and routine animal husbandry practices, nor to laboratories
subject to control or regulation by the National Institutes of
Health or the Federal Bureau of Animal Industry.
Nothing contained in this chapter shall be construed to limit
or restrict the right of counties, cities, cities and counties,
towns or townships, to adopt or enforce ordinances or other
regulations regulating the use or procurement of animals for
diagnostic procedures or medical research, and any such ordinances or
regulations now in effect are not affected by this chapter. It is
the intent of this chapter to provide state regulation of the use of
animals in diagnostic procedures and medical research concurrently
with and supplementary to local regulations, but not to preclude the
exercise by counties, cities, cities and counties, towns or
townships, of such regulatory power as they may possess in this field
under the Constitution and statutes of this State.