Section 760 - Definitions(a) As used in this article: (1) "Accredited veterinarian" means a veterinarian approved by the Department and the United States Department of Agriculture (USDA) in accordance with the provisions in 9 CFR Part 161 (1/1/02 Edition).(2) "Animal" means a sheep or goat.(3) "Approved saleyard" means a premises approved by the Department and the USDA to handle sheep and goats for release only to recognized slaughter establishments or to a feedlot approved by the Department for feeding animals for the express purpose of improving the animals' condition for movement to slaughter.(4) "Brucella ovis free flock" means a flock of sheep officially recognized by the state of origin as free of Brucella ovis.(5) "Brucellosis" means the contagious, infectious, and communicable disease caused by bacteria of the genus Brucella.(6) "Designated scrapie epidemiologist" means a state or federal veterinarian with knowledge of scrapie epidemiology, selected by state and federal veterinarians in charge with the concurrence of the USDA scrapie staff. The designated epidemiologist will coordinate and evaluate the Scrapie Eradication Program as assigned.(7) "Direct movement to slaughter" means transported to a facility for slaughter, without stops or unloading except for feeding and watering during which the animals are not commingled with any other animals.(8) "Flock" means a number of animals that are kept, fed and herded together having a single or multiple ownership. Changes in ownership of part or all of a flock do not change the identity of the flock. This term shall be interchangeable with the term herd and shall apply to purebred and commercial sheep or goats.(9) "Official certificate" means a Certificate of Veterinary Inspection, or other inspection or movement document approved by the Department, issued by a licensed accredited veterinarian at the point of origin prior to an interstate animal health movement into California.(10) "Official eartag" means an identification eartag approved by the Department and USDA as sufficiently tamper-resistant for the intended use and providing unique identification for each animal. An official eartag may conform to the alphanumeric National Uniform Ear Tagging System or another system approved by the Department and USDA, or it may bear a premises identification number that either contains or is used in conjunction with the producer's livestock production numbering system to provide a unique identification number.(11) "Official identification" means an identification mark or device approved by the Department and USDA.(12) "Official test for Brucella ovis" means a sample collected from a test eligible ram by a licensed accredited veterinarian and tested using an approved method at an approved laboratory. The individual identification of the ram tested must be recorded and accompany the sample to the laboratory.(13) "Owner" means a person, partnership, company, corporation, or any other legal entity that has legal or rightful title to animals, whether or not they are subject to a mortgage.(14) "Premises" means the ground, area, buildings, and equipment occupied by one or more flocks of animals.(15) "Premises identification" means a Department and USDA approved method used to identify an animal back to the premises of the flock of origin.(16) "Scrapie" means a transmissible spongiform encephalopathy that is a fatal, degenerative disease affecting the central nervous system of sheep and goats.(17) "Scrapie consistent state" means a state that the Department and USDA recognize as having an effective scrapie control program.(18) "Scrapie Eradication Program" means the cooperative state and federal program administered by the USDA and Consistent States to control and eradicate scrapie.(19) "Scrapie infected flock" means any flock in which a representative of the Department or USDA has determined that a scrapie-positive female animal has resided unless an epidemiological investigation conducted by a representative of the Department or USDA shows that the animal did not lamb or abort in the flock.(20) "Scrapie low-risk commercial sheep and goats" means commercial whiteface, whiteface cross, or commercial hair sheep, and goats commingled with such sheep that would be low risk goats if they were not commingled with such sheep. Animals must be identified with official eartags, official tattoos, legible permanent brand or ear notch pattern registered with an official brand registry, or other methods approved by the Department. The flock must have no known risk factors for scrapie, including any exposure to female blackface sheep. Low-risk commercial sheep may only exist in a state where scrapie has not been diagnosed in the previous 10 years in commercial whiteface, whiteface cross, or commercial hair sheep that were not commingled with female blackface sheep.(21) "Scrapie low-risk goat" means a goat that is not scrapie-positive, suspect, has not been exposed to scrapie, has not commingled with sheep, and is from: a state in which scrapie has not been identified in a goat during the previous 10 years, or; a state in which scrapie has been identified in a goat during the previous 10 years, but the scrapie-positive goat was not born in the state, resided in the state for less than 72 months and did not kid while in the state, or; a state in which scrapie has been identified in a goat during the previous 10 years, and the scrapie-positive goat was commingled with sheep, but flock records allowed a complete epidemiological investigation to be completed and all resulting goat herds have completed the requirements of flock plans and are in compliance with post-exposure monitoring plans.(22) "Scrapie non-compliant flock" means any flock whose owner fails to comply with the requirements of the Department or USDA for the control and eradication of scrapie.(23) "Scrapie positive animal" means an animal for which a diagnosis of scrapie has been made by a laboratory approved by the Department and the USDA.(24) "Scrapie source flock" means a flock in which an animal was born and subsequently diagnosed as scrapie-positive at an age of 72 months or less.(25) "Scrapie suspect animal" means a sheep or goat suspected of having scrapie by an accredited veterinarian or a Department or USDA representative.(26) "Slaughter channels" means any animal that is sold, transferred, or moved directly to a slaughter facility; or to an approved saleyard; or to an individual for custom slaughter; or for feeding for the express purpose of improving the animals' condition for movement to slaughter. Sexually intact mature female animals kept in the same enclosure as breeding animals from another flock are not in slaughter channels.(27) "USDA" means the United States Department of Agriculture, Animal and Plant Health Inspection Service.Cal. Code Regs. Tit. 3, § 760
1. Amendment filed 9-18-70 as an emergency; effective upon filing (Register 70, No. 38). For prior history, see Register 66, No. 27.
2. Certificate of Compliance--Section 11422.1, Gov. Code, filed 10-28-70 (Register 70, No. 44).
3. Amendment filed 3-9-79; effective thirtieth day thereafter (Register 79, No. 10).
4. Repealer of former article 3 (sections 760-761), new article 3 (sections 760-760.9) and new section filed 4-8-2003 as an emergency; operative 4-8-2003 (Register 2003, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-6-2003 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-8-2003 order, including amendment of section, transmitted to OAL 7-18-2003 and filed 7-29-2003 (Register 2003, No. 31).
6. Editorial correction implementing amendments contained in 7-29-2003 Certificate of Compliance and amending HISTORY 5 (Register 2003, No. 36). Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.
1. Amendment filed 9-18-70 as an emergency; effective upon filing (Register 70, No. 38). For prior history, see Register 66, No. 27.
2. Certificate of Compliance -Section 11422.1, Gov. Code, filed 10-28-70 (Register 70, No. 44).
3. Amendment filed 3-9-79; effective thirtieth day thereafter (Register 79, No. 10).
4. Repealer of former article 3 (sections 760-761), new article 3 (sections 760-760.9) and new section filed 4-8-2003 as an emergency; operative 4-8-2003 (Register 2003, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-6-2003 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-8-2003 order, including amendment of section, transmitted to OAL 7-18-2003 and filed 7-29-2003 (Register 2003, No. 31).
6. Editorial correction implementing amendments contained in 7-29-2003 Certificate of Compliance and amendingHistory5 (Register 2003, No. 36).