Title FAC — California Food & Agric. Code

No person shall be excused from attending and testifying, or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the director or in obedience to the subpoena of the director, whether such subpoena be signed or issued by …

Upon the issuance of an order of the director pursuant to Section 18725, 18728, 18729, or 18730, the operator of the establishment may seek administrative review before the director by filing his written request therefor within 10 days after issuance of the order. Proceedings for…

Any person who is found guilty of violating any of the provisions of this chapter or the regulations promulgated under this chapter is subject to imprisonment in a county jail for not more than one year or a fine of not more than one thousand dollars ($1,000), or both such impris…

Any person that violates any provision of this chapter, or any regulation that is issued pursuant to it, is liable civilly for a penalty not to exceed five hundred dollars ($500) for each such violation. If the court finds that a violation of this chapter was a serious violation,…

(a) In lieu of any civil action brought pursuant to Section 18932.1 and in lieu of seeking prosecution pursuant to Section 18932, the secretary may levy an administrative penalty not to exceed five thousand dollars ($5,000) upon any person for each violation of this chapter. (b) …

Any person who, as principal or agent, employer or employee, adulterates any meat or meat food product or poultry product intended for sale as human food with the product of an animal which has died otherwise than by slaughter or the product of an animal which has not been slaugh…

In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of …

Nothing in this chapter shall be construed as requiring the director to report for prosecution or to institute injunction proceedings for any minor violation of this chapter whenever he believes that the public interest will be adquately served by a suitable written notice of war…

It is the ultimate object of this division to provide for statewide recordation of brands with the entire state as one branding district. (Enacted by Stats. 1967, Ch. 15.)

Brands for the purpose of establishing or indicating ownership of cattle may be recorded pursuant to this chapter. Brands for other purposes shall not be recorded. (Enacted by Stats. 1967, Ch. 15.)

The chief shall, by regulation, prescribe the location on the animal where different types of brands, including recorded brands and cattle record brands, may be applied. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to brand any animal except in accordance with the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to use an unrecorded, forfeited, or canceled brand. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to apply a recorded brand in any location on the animal except that which is specified on the brand registration certificate. The use of a brand on any location except that which is specified on the brand registration certificate is the same as the u…

It is unlawful for any person to use a brand on cattle indicating ownership unless the cattle are owned by him or he has been authorized by the owner of the cattle and the brand is recorded under the owner’s name and is on file with the Bureau of Livestock Identification. (Enacte…

Proof of possession or ownership of cattle with an unrecorded, forfeited, or canceled brand establishes a rebuttable presumption that the person in possession or the owner of the cattle has branded them with such brand. This presumption is a presumption affecting the burden of pr…

In every suit at law or in equity, if the title to any animal is involved, proof of the brand of the animal establishes a rebuttable presumption that the owner of the brand was the owner of the animal at all times during which the brand was duly recorded as provided in this code.…

(a) The owner of cattle brought into this state from out of state for grazing purposes may apply to the director for a permit to allow the branding of the cattle with a brand recorded in another state. The director may issue a permit for this purpose under all of the following co…

Venting a brand consists of rebranding a branded animal, by the owner of the animal, for the purpose of voiding his prior brand. (Enacted by Stats. 1967, Ch. 15.)

A vent brand may be applied on the loin of an animal which corresponds to the side the owner’s registered brand. (Enacted by Stats. 1967, Ch. 15.)

Only the owner’s recorded brand may be used as a vent. Recordings shall not be issued which allow the use of any other brand as a vent. (Enacted by Stats. 1967, Ch. 15.)

Any person that desires to use a brand in this state may acquire the right to do so pursuant to this chapter. Application forms for this purpose shall be furnished by the bureau upon request. (Enacted by Stats. 1967, Ch. 15.)

To conform to the objective of this chapter, all applications for the recordation of a brand shall be accepted by the chief only if the proposed brand design fulfills the following requirements: (a) Is not in conflict with any other recorded brand in this state. (b) Is capable of…

An application for the recordation of a brand shall be filed with the bureau. (Enacted by Stats. 1967, Ch. 15.)

The application shall contain all of the following: (a) A facsimile of the brand which is sought to be recorded. (b) A statement of the location on the animal where the brand is to be applied. (c) The name and address of the applicant. (d) The signature of a parent or guardian if…

A mark may be recorded only with a brand. If a mark is sought to be recorded with a brand, the application shall also contain a diagram which shows the manner of marking. (Enacted by Stats. 1967, Ch. 15.)

Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record. (Enacted by Stats. 1967, Ch. 15.)

An application shall not be accepted for the recordation of a brand which consists only of a mark. (Enacted by Stats. 1967, Ch. 15.)

An application shall not be accepted for the recordation of a brand if the brand is to be applied to any of the following: (a) Either jaw. (b) The face. (c) The nose. (d) Either loin. (e) The breeching of an animal. (Enacted by Stats. 1967, Ch. 15.)

An application shall not be accepted for the recordation of a brand which is accompanied by a mark if the use of the mark involves cutting off more than one-half of an ear. (Enacted by Stats. 1967, Ch. 15.)

An application shall not be accepted for the recordation of a brand except upon the payment of the fee for the recordation of the brand. (Enacted by Stats. 1967, Ch. 15.)

If the application does not conform to the requirements of, or cannot be accepted pursuant to, this chapter, a statement of the reason why it cannot be accepted shall be transmitted to the applicant. (Enacted by Stats. 1967, Ch. 15.)

Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon receipt of a written request from the person appealing the decision, such person shall be permitted to present his views to th…

The bureau shall maintain a record of all brands that are recorded, except forfeited or canceled brands which are subject to Section 20701. (Enacted by Stats. 1967, Ch. 15.)

Any person, upon request to the bureau, shall be furnished information as to any recorded brand. (Enacted by Stats. 1967, Ch. 15.)

A brand shall not be recorded if it consists of any letters or characters which are applied in more than one branding location on the animal. (Enacted by Stats. 1967, Ch. 15.)

A brand shall not be recorded for any person under 18 years of age unless the application is countersigned by his parent or guardian.

Recordation of a brand consists of entering in the brand records the matters which are contained in the application, together with the date of recordation, and the execution by the bureau of a cattle brand registration certificate. (Enacted by Stats. 1967, Ch. 15.)

The original cattle brand registration certificate shall be kept on file in the bureau. A duplicate certificate shall be issued to the person in whose name the brand is recorded. (Enacted by Stats. 1967, Ch. 15.)

The issuance to a person of a cattle brand registration certificate confers upon the person to whom it is issued both of the following: (a) The right to use the brand until the right to use it is forfeited or the record of the brand is canceled pursuant to this chapter. (b) The r…

The right to use a brand is a property right and may be sold or otherwise transferred. (Enacted by Stats. 1967, Ch. 15.)

A transferee of a brand shall not use the brand until the transfer has been recorded by the bureau. (Enacted by Stats. 1967, Ch. 15.)

The record of any brand may be canceled at any time upon the written request of the person in whose name it is recorded. (Enacted by Stats. 1967, Ch. 15.)

The records of brands which have been forfeited or canceled for more than five years may be removed from the files and destroyed. (Enacted by Stats. 1967, Ch. 15.)

The right to use a recorded brand is lost by the failure to pay the fees which are required by Article 6 (commencing with Section 20751) of this chapter. (Enacted by Stats. 1967, Ch. 15.)

If the renewal fee that is required by Article 6 (commencing with Section 20751) is not paid by April 30th following the recordation of the brand, or by April 30th of the year that follows the last year for which the renewal fee has been paid, the right to use the brand is suspen…

If the right to use a brand is suspended for more than one year, the right is forfeited on April 1st following the year of suspension. The brand, thereafter, may be rerecorded by the former owner or it may be applied for by any other person pursuant to this chapter.

The right to use any brand which conflicts with any brand which has a prior cattle brand registration certificate number pursuant to this chapter is forfeited. All recordations shall be on a statewide basis. (Enacted by Stats. 1967, Ch. 15.)

(a) Any person convicted of Section 487a of the Penal Code shall be prohibited from registering or owning, in whole or in part, a brand for a period of five years following the date of the conviction. (b) Upon being notified of the conviction, the secretary shall terminate the re…

The fee for each application for recording a brand is seventy dollars ($70).