This law is called the Equine Protection Act of 1991, which establishes regulations and protections related to horses.
This chapter shall be known and may be cited as the Equine Protection Act of 1991.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This section defines key terms used in the chapter. It clarifies that 'animal' refers to horses, ponies, mules, or burros. The term 'program' pertains to the equine protection and identification initiative led by the department. 'Slaughter' is defined as the act of killing an animal to prepare it for consumption by humans or animals.
For purposes of this chapter:
(a)CA Food and Agriculture Code § 24102(a) “Animal” means a horse, pony, mule, or burro.
(b)CA Food and Agriculture Code § 24102(b) “Program” means the program of equine protection and identification of the department.
(c)CA Food and Agriculture Code § 24102(c) “Slaughter” means to kill an animal and prepare it for consumption by animals or human beings.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
The California Department has a program dedicated to protecting and identifying horses, known as equine protection and identification.
There is in the department a program of equine protection and identification.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
When someone reports a lost or stolen animal, the sheriff or the officer in charge must send a detailed report to the Bureau of Livestock Identification quickly. This report must include a detailed description of the animal, such as its age, size, breed, and any identifying marks or brands. It should also state where and when the animal went missing, the report's number, and contact information for the law enforcement agency and the officer investigating the case.
Each sheriff or other officer to whom a complaint that relates to the loss or theft of any animal is made shall, in a timely manner, transmit to the Bureau of Livestock Identification a report that contains all of the following:
(a)CA Food and Agriculture Code § 24104(a) A complete description of each animal lost or stolen including approximate age, height, and weight, sex, breed, color, natural marks, scars, a description of each brand or tattoo and its location on the animal, and any other information that may be of use in identifying, locating and receiving the lost or stolen animal.
(b)CA Food and Agriculture Code § 24104(b) The county or city where the loss or theft occurred.
(c)CA Food and Agriculture Code § 24104(c) The approximate date and time of the loss or theft.
(d)CA Food and Agriculture Code § 24104(d) The law enforcement agency’s report identification or number.
(e)CA Food and Agriculture Code § 24104(e) The name, address, and telephone number of the law enforcement agency that completed the report.
(f)CA Food and Agriculture Code § 24104(f) The name of that law enforcement agency’s investigating officer to be contacted relating to the loss or theft.
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(Added by Stats. 1994, Ch. 431, Sec. 1. Effective January 1, 1995.)
This section requires the Bureau of Livestock Identification to create a report based on information they get as per another specific regulation (Section 24104). They must then quickly share this report with all county sheriffs' departments.
The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104. The bureau shall distribute the report to all county sheriffs’ departments in a timely manner.
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(Added by Stats. 1994, Ch. 431, Sec. 2. Effective January 1, 1995.)
This law specifies that investigators from a certain program or employees of the department are not required to handle investigations related to animal theft. Instead, the law enforcement agency that initially reported the animal theft is responsible for conducting the investigation. However, program investigators are allowed to assist the law enforcement agency in their investigation if needed.
No investigator of the program or any other employee of the department, in enforcing this chapter, shall be required to conduct any investigation that involves the theft of any animal. That investigation shall be conducted by the law enforcement entity that filed the theft report. However, an investigator of the program may assist the law enforcement entity that filed the theft report in the theft investigation.
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(Amended by Stats. 1993, Ch. 459, Sec. 1. Effective January 1, 1994.)
This law requires that before an animal is sold at an auction, the auction operator must check if the animal has an identifying microchip, tattoo, or brand. If found, details must be posted online for at least 24 hours. Additionally, a written bill of sale, including detailed information about the animal and the identities of the buyer and seller, must be provided during the sale.
Buyers must sign a statement under penalty of perjury, agreeing to follow certain Penal Code sections. Auction operators must keep records for at least a year and make them available upon request by authorities. Violating this law can result in fines of $1,000 for the first offense and $2,000 for subsequent offenses.
(a)CA Food and Agriculture Code § 24106(a) Before an animal may be sold at an auction, the operator of the auction yard shall determine whether the animal has an implanted microchip or has been tattooed or branded with an identifying mark. If the
animal has an implanted microchip, a tattoo, or a brand, the operator of the auction yard shall post, on its internet website and through any active social media in which the operator of the auction yard participates, all identifying information, including any identification number contained in the microchip and a detailed description or picture of any tattoo or brand found on the animal. This information shall remain on the auction yard operator’s internet website
and on the page of any active social media in which the operator of the auction yard participates for at least 24 hours after the initial posting.
(b)CA Food and Agriculture Code § 24106(b) No person shall purchase, consign, sell, or accept the donation of an animal at a public or private auction unless the seller or donor of the animal provides, and the purchaser or donee receives, at the time of delivery, a written bill of sale or any written instrument that contains all of the following information:
(1)CA Food and Agriculture Code § 24106(b)(1) A description of each animal that is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks, or identifying scars, and of each brand or tattoo and its location. If the animal has been branded or tattooed and registered with the Bureau
of Livestock Identification in the
department, the identification papers shall accompany the animal.
(2)CA Food and Agriculture Code § 24106(b)(2) The name, address, signature, and motor vehicle driver’s license number of the person who sold or donated the animal.
(3)CA Food and Agriculture Code § 24106(b)(3) The date of the transaction.
(4)CA Food and Agriculture Code § 24106(b)(4) The name, address, and motor vehicle driver’s license number of the purchaser of the animal.
(5)CA Food and Agriculture Code § 24106(b)(5) The name, address, and motor vehicle driver’s license number of any person who transports the animal to the purchaser or an auction yard.
(c)CA Food and Agriculture Code § 24106(c) Any person who purchases
an animal at an auction described in subdivision (b) shall sign a sworn statement, under penalty of perjury, acknowledging and agreeing to comply with Sections 598c and 598d of the Penal Code.
(d)CA Food and Agriculture Code § 24106(d) For a minimum of one year following the date of sale of each animal sold at auction, the operator of the auction yard shall maintain appropriate records that accurately document compliance with this section. The operator of the auction yard shall provide access to the records and documents identified in subdivisions (a), (b), and (c) upon the request of the department, a law enforcement officer, an animal control agency, or a humane
officer appointed pursuant to Section 14502 of the Corporations Code.
(e)CA Food and Agriculture Code § 24106(e) In addition to any other penalties available under law, a person who violates this section shall be subject to a civil penalty of one thousand dollars ($1,000) for the first offense and two thousand dollars ($2,000) for the second and each subsequent
offense.
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(Amended by Stats. 2019, Ch. 765, Sec. 3. (AB 128) Effective January 1, 2020.)
If you operate an auction yard or are a dealer managing animals headed for slaughter, you must keep written records of all transactions, like sales and purchases, for at least two years.
These records must be available for inspection by any program investigator or law enforcement officer upon request.
Every operator of an auction yard or dealer who handles animals destined for slaughter shall keep a written record of all sales and purchases made in the course of conducting the business for at least two years after making the final entry of any purchase, sale, or donation of an animal. The operator of an auction yard or the dealer shall show the record on demand to any investigator of the program or any peace officer.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If you are required to keep written records about transactions involving animals, you need to maintain them for at least two years. Refusing to show these records to an investigator or peace officer, or destroying them early, is a misdemeanor offense.
Any person who does not keep the written records required by this chapter or who refuses, upon demand of any investigator of the program or any peace officer, to show the record, to allow copies to be made of the record, or who destroys the record within two years after making the final entry of any purchase, consignment, sale, or donation of any animal, is guilty of a misdemeanor.
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(Amended by Stats. 1992, Ch. 217, Sec. 2. Effective January 1, 1993.)
If you're planning to ship, transport, or deliver any animal for slaughter in California, the animal must first be inspected by a program inspector. This applies to all animals, regardless of whether they have a brand or not.
The person responsible must also provide the inspector with a valid bill of sale, which includes specific information outlined in another section (Section 24106) for each animal.
(a)CA Food and Agriculture Code § 24109(a) No animal, whether branded or not, shall be shipped, transported, hauled, or delivered for slaughter, unless it is inspected by an inspector of the program.
(b)CA Food and Agriculture Code § 24109(b) As part of the inspection required by this section, the inspector shall be provided a valid bill of sale containing the information designated in Section 24106 for each individual animal.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If someone doesn't have a valid bill of sale with the details required by law for their animal, an inspector has the authority to take possession of that animal.
An inspector shall seize any animal for which a valid bill of sale containing the information designated in Section 24106 is not provided.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law makes it illegal for anyone to take an animal away from an inspector if the animal has been seized or is in the inspector's custody unless there is a specific rule in this chapter that says otherwise.
Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal seized or which is otherwise in the possession of an inspector.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If an animal is taken by an inspector and has a brand, the director must look up in the brand records to find out who owns it.
If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to ascertain the owner.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law states that if a brand or mark is officially recorded, the director must promptly send a written notification to the person who owns the brand or mark.
If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If an animal's owner cannot be found, the director must post a notice of the animal's seizure for 14 days at each Bureau of Livestock Identification office. This notice should also be shared in a widely-read horse publication in California, detailing the animal's description as outlined in another section. The notices must include when and where the animal will be sold.
If the owner cannot be ascertained, the director shall cause a notice of the seizure of the animal to remain posted for a period of 14 days on a bulletin board in each office of the Bureau of Livestock Identification. In addition to posting the notice, the director shall periodically publish a list of the descriptions of the animals, containing the information specified in Section 24106, in the classified section of a horse-oriented publication which is in general circulation throughout the State of California. The notices shall also state the time and place of the animal’s proposed sale.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If someone claims they own an animal, they have up to 14 days from when a notice is first posted to submit evidence of their ownership to the director. The director will then evaluate the claim to decide if it's valid.
Any person that claims ownership of the animal may, at any time, but not later than 14 days after the first posting of the notice, file his or her proof of ownership with the director and the director shall proceed to determine the claim of ownership.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If someone can prove they own an animal that has been handled by authorities, they can get the animal back by paying any costs incurred during its care.
If ownership is proved to the satisfaction of the director, the animal shall be returned to the owner upon payment by the owner of all expenses which were incurred in the handling of the animal.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If an animal, while being handled by an inspector, needs to be disposed of urgently, the director can take action to do so. After covering any handling expenses, any extra money made from salvaging the animal will be given to the owner, once they prove ownership.
If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the director. The proceeds from the salvage, if any, in excess of expenses which were incurred in the handling of the animal shall be paid to the person proving ownership pursuant to Section 24116.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If nobody proves ownership of an animal within 14 days after the first notice is posted, or if the owner doesn't pay related expenses, the animal can be sold by the director. The buyer gets a clear and valid ownership of the animal.
If after 14 days from the date of the first posting of notice, no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses to pay all expenses which were incurred, the director shall sell the animal. All sales which are made pursuant to this chapter convey a good and valid title to the purchaser.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
When an animal is sold, the money earned from the sale goes into the Department of Food and Agriculture Fund. This fund is also used to cover any costs related to holding the animal, advertising the sale, conducting the sale, and other related expenses.
The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from, the Department of Food and Agriculture Fund.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If you can prove that an animal sold within the last year was yours, the director will ensure you receive the money made from its sale, after expenses.
If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his or her ownership of an animal which was sold pursuant to this article, the director shall order the net proceeds of the sale of the animal to be paid to that person.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If an inspector finds that someone rightfully owns the animal they are presenting, the inspector will give them a certificate to confirm the inspection.
If the inspector of the program determines that the person who offers the animal for inspection is in lawful possession, the inspector shall issue a certificate of inspection.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law explains that a certificate of inspection for animals must be signed by the inspector and include detailed information about the inspection. It must note the location and date of inspection, the number of animals, and descriptions including sex, breed, color, and identifying marks. If the animals are being transported, it must list the shipper, consignee, origin, and destination. It also needs to state the time required for the transportation according to the inspector's judgment based on provided information. The certificate is only valid for the duration specified by the inspector for transport purposes.
The certificate of inspection shall be signed by the inspector of the program and shall indicate all of the following:
(a)CA Food and Agriculture Code § 24122(a) The place and date of inspection and the number of animals inspected.
(b)CA Food and Agriculture Code § 24122(b) The sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal.
(c)CA Food and Agriculture Code § 24122(c) If the animal is to be transported, the names of the shipper and consignee and the point of origin and the final destination of the shipment.
(d)CA Food and Agriculture Code § 24122(d) If the animal is to be transported, the length of time necessary to transport the animal between the point of inspection and the point of final destination. The inspector shall determine the amount of time needed for this purpose, based upon the information provided to him or her at the time of inspection.
The certificate issued pursuant to this section shall only be valid for transportation purposes during the period of time specified on the certificate by the inspector.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law makes it illegal for an inspector to give a certificate of inspection unless they personally conduct the inspection during daylight hours, specifically between sunrise and sunset.
It is unlawful for any inspector to issue a certificate of inspection unless he or she personally makes the inspection between sunrise and sunset.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
When shipping animals, you have to include a copy of the inspection certificate with the shipment.
One copy of the certificate of inspection required by this chapter shall accompany the shipment of animals.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If you transport animals for slaughter, you must carry and show a certificate of inspection if asked by an investigator or peace officer. Not having this certificate or refusing to show it can lead to a fine of up to $50 per animal.
Any person who transports an animal destined for slaughter who does not have a copy of the certificate of inspection as required pursuant to this chapter or who refuses, upon demand of any investigator of the program or any peace officer, to exhibit a copy of the certificate, is subject to a civil penalty not to exceed fifty dollars ($50) for each animal.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law forbids anyone from swapping, adding, or transporting animals from a group that has a certification, without written permission from the inspector. Breaking this law is a minor crime called a misdemeanor.
It is unlawful for any person to remove any animal and substitute another for it, or to add any other animal or transport an animal from any lot of animals for which a certificate has been issued, until the shipment or slaughter is completed, unless the inspector who issued the certificate approves these actions in writing. A violation of this section is a misdemeanor.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
(a) If a dealer ships 15 or more animals for slaughter at once, they must pay a $25 fee plus up to $10 per animal for inspection within 24 hours of transportation. (b) For fewer than 15 animals, the dealer pays for the actual inspection cost, which happens just before loading. (c) Fees are paid at inspection, and the money goes into a special fund for agricultural expenses, with legislative oversight on spending and required financial transparency in the budget.
(a)CA Food and Agriculture Code § 24127(a) Each dealer who handles animals destined for slaughter, and who ships 15 or more animals at a time for slaughter, shall pay the inspector a service fee of twenty-five dollars ($25), in addition to a fee of up to ten dollars ($10) for each animal, as determined by the director. The inspection shall take place within 24 hours of the date of transportation.
(b)CA Food and Agriculture Code § 24127(b) Each dealer who handles animals destined for slaughter, and who ships less than 15 animals at a time for slaughter, shall pay the inspector for the actual cost of the inspection, as determined by the director. The inspection shall take place immediately prior to when the animal to be shipped is loaded onto the conveyance.
(c)CA Food and Agriculture Code § 24127(c) The fees shall be paid at the point of inspection of the animals. The revenue derived from these fees shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended to carry out this chapter. The department shall maintain all internal accounting measures necessary to ensure that revenue derived pursuant to this chapter shall be kept separate from all other funds in the Department of Food and Agriculture Fund. The Governor’s budget submitted to the Legislature pursuant to Section 12 of Article IV of the California Constitution shall display the fiscal information for this program in accordance with Sections 13335, 13336, and 13337 of the Government Code.
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(Amended by Stats. 1992, Ch. 593, Sec. 1. Effective January 1, 1993.)
This law requires inspectors to document detailed information about each animal they inspect. This includes the animal's number, sex, breed, color, height, weight, age, and any natural or identifying marks like brands or tattoos, as well as their exact location on the animal. Inspectors must also note the names of the owner, claimant, consignor, or consignee.
Additionally, the inspector must keep this record for at least two years following the inspection.
(a)CA Food and Agriculture Code § 24128(a) The inspector shall make a memorandum which shows the number, sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal which is inspected, and the names of the owner or claimant, consignor, or consignee.
(b)CA Food and Agriculture Code § 24128(b) The memorandum of the inspection shall be retained for record purposes by the inspector for at least two years after the date of the inspection.
animal inspection animal identification memorandum of inspection sex breed height weight age natural marks identifying scars brand description tattoo location owner information inspection records two-year retention
(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law requires the department to keep records of inspection certificates for five years. These records must show how many animals were inspected.
The department shall maintain inspection certificates for a period of five years in a manner that shall disclose the number of animals that have been inspected.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If you are in the business of buying or selling animals on consignment at a salesyard, you must keep a certificate after each sale. This certificate should include the consignor's name and address, a detailed description of each animal sold (such as its sex, breed, and identifying marks), proof of ownership, the license numbers of any vehicles or trailers used for transport, and the consignor's signature.
Any person that is engaged in the business of buying or selling animals on consignment at any public or private salesyard shall keep after each sale, a certificate of consignment which contains all of the following information:
(a)CA Food and Agriculture Code § 24130(a) The name and address of the consignor.
(b)CA Food and Agriculture Code § 24130(b) A description of each animal which is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars, and a description of each brand or tattoo and its location on each animal.
(c)CA Food and Agriculture Code § 24130(c) Reasonable proof of the ownership of the animal.
(d)CA Food and Agriculture Code § 24130(d) The license number of any vehicle which transports the animal to the salesyard. If the animal is transported in a trailer, the license number of both the trailer and the vehicle which pulls it shall be given.
(e)CA Food and Agriculture Code § 24130(e) The signature of the consignor.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If you're involved with a consignment sale under the rules of Section 24130, you must keep the certificate of consignment for at least two years after the sale. If a peace officer or program agent asks to see it, you have to show it to them.
Any person subject to Section 24130 shall retain the certificate of consignment on file for a period of at least two years after the sale. The certificates of consignment shall be presented on demand of any peace officer or any agent of the program.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
This law states that if someone takes, possesses, harbors, transports, or slaughters someone else's animal without permission, they can be sued for four times the animal's value. They will also owe interest on this amount, attorney fees, and compensation for efforts made by the owner to recover the animal.
This liability covers animals taken without consent or through deceit. It applies whether or not the ownership of the animal is still in dispute, but only when the animal was wrongfully taken, possessed, or transported for slaughter.
The law also clarifies that even if there is a criminal case for stealing the animal, it does not stop the owner from also bringing a civil lawsuit for these damages.
(a)CA Food and Agriculture Code § 24132(a) Notwithstanding any other provision of law, a person is civilly liable for four times the value of the animal at the time of taking, possessing, harboring, transporting, or slaughtering of the animal, with interest, at the prime rate from the date of that occurrence, for attorney fees incurred in the recovery of the animal, and for an amount in fair compensation for the time and money properly expended by the owner in pursuit of the animal, as follows:
(1)CA Food and Agriculture Code § 24132(a)(1) In any action for the wrongful taking, possessing, harboring, or transporting of an animal for slaughter or for the slaughter of the animal without the consent of the owner or the person lawfully in possession of the animal or any animal whose ownership is still in dispute.
(2)CA Food and Agriculture Code § 24132(a)(2) In any action where a person knowingly, by any false representation or pretense, defrauds another person of any animal, which results in the wrongful taking, possessing, harboring, or transporting of the animal for slaughter without the consent of the owner or the person lawfully in possession of the animal or any animal whose ownership is still in dispute.
(b)CA Food and Agriculture Code § 24132(b) The commencement of any criminal prosecution for the theft of the animal shall not preclude or prevent any civil action as specified in this section.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If someone takes an animal out of the state pretending it's for a reason other than slaughter to dodge an inspection, they're committing a misdemeanor. The penalty for this is a $500 fine for each animal involved.
Any person who transports an animal destined for slaughter out of the state under false pretenses in order to avoid an inspection under this chapter is guilty of a misdemeanor and subject to a fine of five hundred dollars ($500) for each animal so transported.
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(Added by Stats. 1991, Ch. 747, Sec. 2.)
If someone alters or fabricates any document or record required by the laws or regulations related to this chapter, they will face a civil penalty of up to $500 per incident. The money collected from these penalties goes into the Department of Food and Agriculture Fund and is used, as approved by the Legislature, to support the purposes of the chapter.
Any person who falsifies any document or record required by this chapter, or by any regulation adopted pursuant to this chapter, is liable civilly for a penalty in an amount not to exceed five hundred dollars ($500) for each violation. Any money that is recovered pursuant to this section shall be paid into the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended to carry out this chapter.
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(Added by Stats. 1992, Ch. 217, Sec. 3. Effective January 1, 1993.)