(a) If the State Veterinarian imposes a Quarantine pursuant to Food and Agricultural Code section 9562, he shall issue a Notice of Required Action.(b) The Notice of Required Action shall be in writing and shall be personally served upon the owner. If an owner cannot be contacted within an epidemiologically appropriate period of time as determined by the State Veterinarian, the Department may carry out the action required by the Notice.(c) The Notice of Required Action shall contain the following information: (1) Notice that a Quarantine has been imposed and the reasons for the Quarantine.(2) Date and time of issuance of the Notice.(3) Name of the owner of the population of animals or animal product subject to the Quarantine and the Notice.(4) Description of the population of animals or animal product subject to the Quarantine and the Notice.(5) Description and/or address of the premises where the population of animals or animal product is located.(6) The action required by the Notice.(7) The procedure to appeal the imposition of the Quarantine.(8) The signature and title of the person serving the Notice.(9) A location for the signature of the owner acknowledging receipt of the Notice.(d) Absence of a signature by the owner acknowledging receipt does not invalidate the Notice.(e) If the action required by the Notice is to hold a population of animals or animal product, the owner is prohibited from moving the population of animals or animal product from the premises.(f) If the action required by the Notice is to move a population of animals or animal product, including but not limited to relocation to another site or recall to the owner's premises of a population of animals or animal product already shipped, the owner shall move, to a location specified by the State Veterinarian, the population of animals or animal product no later than a date and time and by a method deemed appropriate for the condition as determined by the State Veterinarian. The location to which the population of animals or animal product is to be moved, and the date and time and method by which the population of animals or animal product is to be moved shall be specified on the Notice.(g) If the action required by the Notice is to segregate or isolate a population of animals or animal product, the owner shall segregate or isolate the population of animals or animal product no later than a date and time and by a method deemed appropriate for the condition as determined by the State Veterinarian. The date and time and method by which the population of animals or animal product is to be segregated or isolated shall be specified on the Notice.(h) If the action required by the Notice is to treat (other than to destroy) a population of animals or animal product, the owner shall treat the population of animals or animal product no later than a date and time and by a method deemed appropriate for the condition as determined by the State Veterinarian. The date and time and method by which the treatment is to be completed shall be specified on the Notice.(i) If the action required by the Notice is to destroy a population of animals or animal product, the owner shall cooperate with the State Veterinarian to destroy and dispose of the remains of the population of animals or animal product no later than a date and time and by a method deemed appropriate for the condition as determined by the State Veterinarian. The date and time and method for destruction and disposal shall be specified on the Notice. (1) The action may be carried out before compensation is tendered pursuant to section 1301.9.(2) If the owner destroys or disposes of the population of animals or animal product, the owner shall submit by mail to the State Veterinarian a written declaration confirming that the population of animals or animal product was destroyed and the method of destruction and disposal no later than two (2) calendar days after the action is completed.(j) If the action required by the Notice is to cease efforts to cause a population of animals or animal product to enter the State, the owner is prohibited from bringing, or causing to be brought, the population of animals or animal product into this State.(k) The State Veterinarian may issue a subsequent Notice at any time, modifying any or all of the provisions of an earlier Notice; provided however that: (1) if an informal hearing has already been conducted and the imposition of Quarantine has been upheld, the owner may not appeal and request another informal hearing based on the subsequent Notice.(2) if an informal hearing was not requested based on any earlier Notice, the owner may appeal and request an informal hearing based on the subsequent Notice, but only if the subsequent Notice requires that a population of animals or animal product be destroyed and the previous Notice required a different action to be taken.(l) The State Veterinarian may inspect a population of animals or animal product which are subject to a Quarantine, or the premises where they are or have been present, in order to ascertain compliance with the Notice of Required Action or for any other purpose related to the Quarantine.(m) If an owner fails to comply with a Notice of Required Action or is otherwise in violation of the Quarantine, the Department may take such action as is required to effect the action required in the Notice, including but not limited to taking custody and/or control of the population of animals or animal product and causing the action ordered in the Notice to occur.(n) If the Quarantine imposed by the State Veterinarian designates a geographic region containing multiple owners which shall be subject to the Quarantine, service of the Notice of Required Action may be effected by publication in a newspaper of general circulation in or near the designated area, instead of by personal service on each owner. If service of the Notice is effected by publication, the contents of the published Notice shall omit the matters specified in subsections (c)(3), (c)(8), and (c)(9) above.(o) The Quarantine shall remain in effect until a Release of Quarantine is issued by the State Veterinarian.Cal. Code Regs. Tit. 3, § 1301.1
1. New section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New section filed 10-24-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed 12-5-2001 (Register 2001, No. 49). Note: Authority cited: Sections 407, 9562 and 9570, Food and Agricultural Code. Reference: Sections 263, 9502, 9503, 9531, 9561, 9562, 9570, 9563, 9565, 9566, 10061, 10102, 10324, 10326, 10327, 10386, 10404, 10781, 10921, 32731, 32741, 32742, 32743, 32761, 32765, 32766, 32767 and 35928, Food and Agricultural Code; and Sections 11425.50 and 11445.10, Government Code.
1. New section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New section filed 10-24-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed 12-5-2001 (Register 2001, No. 49).