Title FAC — California Food & Agric. Code

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).

The fee entitles the applicant to the recordation of one brand, one duplicate brand registration certificate, and the right to use the brand until the following April 1st. The fee for each additional duplicate is ten dollars ($10).

Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30 after its recordation, pay to the bureau a biennial period renewal fee of seventy dollars ($70) for the right to continue to use the brand.

The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of seventy dollars ($70). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of thirty-fiv…

If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment of the biennial renewal fee of seventy dollars ($70) plus a twenty-five dollar ($25) penalty fee.

(a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred forty dollars ($140). This amount shall accompany the application to rerecord. (b) When a penalty has been paid pursuant to Section 20222, within 30 days of the d…

The fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70).

If the applicant fails to submit within 60 days of the date of receipt by the department of application for recording or re-recording a brand, or for recording the transfer of a brand, any information or document which is required by this chapter, the application lapses. The appl…

The fees or penalties prescribed in this article may be raised or lowered under one of the following conditions: (a) Lowered by the director, based upon a finding and recommendation of the Livestock Identification Advisory Board, whenever they determine that the cost of administe…

If the brand records on file with the bureau disclose that two or more brands have been recorded which appear to be so similar as to be misleading or conflicting, the chief may, and upon request of the owner of one of such brands he shall, cause an investigation to be made and a …

Notice of the hearing shall be given to each interested person at least 10 days prior to the hearing. (Enacted by Stats. 1967, Ch. 15.)

At the hearing, the chief shall first determine if the brands are so similar as to be misleading or conflicting. The chief shall dismiss the proceedings as to any brands which he finds are not so similar as to be misleading or conflicting. (Enacted by Stats. 1967, Ch. 15.)

If, at the hearing, the chief finds that two or more brands have been recorded which are so similar as to be misleading or conflicting, he shall determine which of the conflicting brands has been of record for the longest consecutive period of time. The owner of such brand has th…

The owner of a recorded brand may request the chief to make an investigation if there are cattle other than his own which bear a brand so similar to such owner’s brand as to be misleading or conflicting. (Enacted by Stats. 1967, Ch. 15.)

If, after the investigation, the chief finds sufficient cause for such action, he may require that the cattle, other than those of the owner of the brand which is recorded, be branded with some other brand which is approved by the chief and recorded pursuant to this chapter. (Ena…

Any person who loses his or her right to use a brand as a result of the determination of the chief pursuant to this article may appeal to the secretary within 15 days. The secretary may affirm, reverse, or modify the determination of the chief.

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Eligible list” means the list established by the State Personnel Board pursuant to Section 33111 of persons who are qualified to be employed by the department in the enforcement of this division and the regulations of the director. (Enacted by Stats. 1967, Ch. 15.)

“Established milk inspection area” means an area in which the inspection or grading service is established and conducted by the director and wherein such service is not conducted under an approved milk inspection service. (Enacted by Stats. 1967, Ch. 15.)

The director may authorize as many approved milk inspection services as may be necessary to properly carry out the provisions of this division and the regulations for its enforcement. (Enacted by Stats. 1967, Ch. 15.)

The director shall supervise the operation of all approved milk inspection services in the enforcement of this division and the regulations which are adopted by him or her.

The director may adopt regulations for the proper enforcement of this chapter. (Enacted by Stats. 1967, Ch. 15.)

The director, at least once each month, shall report to the Controller the total amount of money which is collected under Section 33294. He or she shall, at the same time, pay into the State Treasury the entire amount of the receipts which shall be credited to the Department of F…

An advisory committee shall be established to assist the director in the administration of this chapter. The members of the advisory committee shall be appointed by the director and may hold office at the pleasure of the director.

The members of the advisory committee shall include persons representing producers, milk products plants, approved milk inspection services personnel, and the public generally. The advisory committee shall consist of such number of members as the director finds is necessary to as…

A member of the advisory committee shall not receive a salary. The director may authorize the reimbursement for any actual expenses incurred while engaged in performing the duties authorized by this chapter.

The State Personnel Board shall hold examinations in various parts of the state for the purpose of determining the qualifications of persons who desire to become employed by the department in the enforcement of this division and the regulations of the director, and shall establis…

The director shall examine any interested person qualified under Section 33113 for certification as a registered dairy inspector. Such an examination shall be both written and oral. A certificate as a registered dairy inspector shall be issued to any person who passes the examina…

Notwithstanding any other provision of this chapter, the director shall issue a limited milk inspection certificate to any registered sanitarian employed by any city or county health department who will be employed in connection with an approved milk inspection service. A person …

A person is not eligible to take the examination unless the person possesses one of the following qualifications: (a) Graduation from a four-year college with specialization in studies which related to dairy farms, milk and milk products, the food sciences, or animal science. (b)…

The director shall establish and collect fees for the application and for the examination of persons for the position of registered dairy inspector to cover the cost of carrying out the provisions of this article. The application fee shall not exceed ten dollars ($10) and the exa…

The director shall, from time to time, conduct special refresher courses which shall not exceed five days, at various convenient places in the state for the purpose of training persons who are employed by the department and by each county in the enforcement of this division, regu…

Attendance at such a refresher course shall be mandatory, in the discretion of the director, upon any or all persons who are employed by the department and each county and city in the inspection of dairy farms, milk products plants, and milk products. (Enacted by Stats. 1967, Ch.…

Any person who is employed by the department or any county or city shall be paid his salary or compensation while he is attending such a special refresher course. (Enacted by Stats. 1967, Ch. 15.)