SECTIONS 9561-9574
FOOD AND AGRICULTURAL CODE
SECTION 9561-9574
SECTION 9561-9574
9561. The State Veterinarian may establish such quarantine,sanitary, and police regulations as may be necessary to prevent,circumscribe, or exterminate, any condition designated pursuant toSection 9562.9562. (a) Subject to the rights and procedures established pursuantto Chapter 4.5 (commencing with Section 11400) of Division 3 ofTitle 2 of the Government Code, and in accordance with regulationsadopted pursuant to this code, the State Veterinarian shall impose aquarantine if he or she believes, upon any basis reasonablysupportable by standard epidemiological practice or crediblescientific research, that a population of domestic animals or foodproduct from animals has contracted, or may carry, an illness,infection, pathogen, contagion, toxin, or condition that, withoutintervention, could transmit an illness that could kill or seriouslydamage other animals or humans, including, in addition to theoriginal condition, those clinically plausible secondary illnesses,infections, pathogens, contagions, toxins, or conditions arising fromthe effects of the original. (b) (1) Because the authority conferred by this section isdesigned to protect the health and safety of the citizens of thisstate, the authority shall be interpreted broadly to give full effectto the purpose of protecting the public health and safety and shallbe construed to include the imposition of quarantines in thecircumstances of natural disaster, whether occurring or imminent, ordeclared emergencies. (2) In furtherance of the objectives of the quarantine, the StateVeterinarian may impose restrictions not only on the affected animalsthemselves and the uses to which those animals may be put, but onproducts produced from, by, or with those animals in order tominimize the risk or spread of food-borne illness. (3) The State Veterinarian's quarantine powers set forth in thissection expressly include the power to order movement, segregation,isolation, or destruction of animals or food products, as well as thepower to hold animals or food products in place.9563. It is unlawful for any person to move or allow to be movedany of the animals, food product from animals, vehicles, farmequipment, farm products, or other materials that are subject torestrictions established pursuant to Section 9562 or 9569 unless thatperson has first obtained authorization from the State Veterinarian.9564. If it is necessary to restrict the movements of animalspursuant to Section 9562, the State Veterinarian may fix and proclaimthe boundaries of a quarantine area in lieu of separate, individualorders issued to each owner pursuant to Section 9562. While theboundaries are in force, it is unlawful for any person to move orallow to be moved any such animals from or within the boundaries ofthe quarantine area, unless that person is authorized to do so by theState Veterinarian.9569. In addition to actions that may be directed by the StateVeterinarian pursuant to Section 9562, the State Veterinarian may: (a) Regulate, restrict, or restrain the movements of persons,vehicles, farm equipment, farm and dairy products, and other propertyfrom or into the quarantine area, or from place to place within it,during the existence of the quarantine. (b) Impose, as a condition to travel through or within thequarantine area, that no person or vehicle which is permitted totravel on any road or highway shall depart from the road or highwaywhile within the quarantine area. (c) Order all animals within the quarantine area to be detainedfor purposes of examination or inspection at any place which isspecified by him or her in the order. (d) Cause to be destroyed all animals or property which may befound within the area that are affected with the disease,infestation, or condition or which have been so exposed as to bedangerous to themselves or other animals. (e) Require a proper disposal to be made of the hide and carcassof any animal which is destroyed. (f) Adopt and enforce all necessary regulations for cleaning anddisinfecting any premises or property where the disease, infestation,or condition exists or has existed by treatment, disposal, orotherwise, and such other regulations as he may deem necessary toeradicate the disease and to prevent its dissemination.9570. If the State Veterinarian invokes Section 9562, and theimportation of animals, animal products, or other property from anystate, territory, or foreign country may transmit, carry ordisseminate the illness, infection, pathogen, contagion, toxin, orcondition designated pursuant to Section 9562, the State Veterinarianshall prescribe the conditions, if any, under which these animals,animal products, or property may be imported into this state.9573. A quarantine shall not be established by one county or cityagainst another county or city on account of the existence of anydisease or condition subject to the authority of the StateVeterinarian pursuant to Section 9562 or 9569.9574. (a) Any person who negligently or intentionally violates anystate or federal law or regulation, including any quarantineregulation, by importing any animal or other article, which by virtueof being pest infested or disease infected, causes an infestation orinfection of a pest, animal, or disease, or causes an existinginfestation to spread beyond any quarantine boundaries is liablecivilly in a sum not to exceed twenty-five thousand dollars ($25,000)for each act that constitutes a violation of the law or regulation. (b) The Attorney General, upon request of the State Veterinarian,shall petition the superior court to impose, assess, and recover thesum imposed pursuant to subdivision (a). In determining the amount tobe imposed, the court shall take into consideration all relevantcircumstances, including, but not limited to, the extent of harmcaused by the violation and the nature and persistence of theviolation. (c) The remedy under this section is in addition to, and does notsupersede or limit, any and all other remedies, civil or criminal,that are otherwise available to the state. (d) Any funds recovered pursuant to this section shall bedeposited in the Department of Food and Agriculture Fund foremergency pest or disease exclusion, detection, eradication, andresearch of agricultural plant or animal pests or diseases. Thesefunds may be allocated to cover costs related to the enforcement ofthis division. These funds are in addition to any funds appropriatedfor those purposes pursuant to Section 224.