10401. Any bovine animal in a brucellosis control area that reacts
positively to a test for brucellosis shall immediately be identified
pursuant to the regulations of the secretary. The animal shall be
slaughtered within 30 days in accordance with the regulations of the
secretary.
10402. The value of an animal which is slaughtered shall be
determined by appraisement by a representative of the department or a
representative of the Agricultural Research Service of the United
States Department of Agriculture, and by the owner or his agent. If
such persons do not agree on the valuation of the animal, the animal
shall be appraised by the chief appraiser of the department or his
representative. In either event, the value which is determined is
final.
10403. Within 30 days after the appraisal of the animal, it shall
be slaughtered under the supervision of the director.
10404. Where it is necessary to prevent the spread within this
state of bovine brucellosis, the director may provide for the
slaughter of animals.
10405. Except as otherwise provided in this article, if an animal
in a brucellosis control area is slaughtered pursuant to this
article, or under regulations of the director which are made pursuant
to this article, the owner shall receive all of the following:
(a) The proceeds of the sale of the salvage of the animal.
(b) From the state, one-half of the difference between the
appraised value and the sum of the proceeds of the sale of the
salvage and indemnity provided by the United States, but in no
instance to exceed three hundred dollars ($300) for any animal.
(c) From the United States, any sum which is authorized to be paid
to him from any appropriation made by the United States to assist in
the eradication of brucellosis.
10406. Indemnity shall not be paid to any person in any of the
following cases:
(a) For any steer or grade bull that is determined to be a
reactor.
(b) For any bovine animal that is brought into a brucellosis
control area, that reacts to a brucellosis test which is applied
within 90 days after the arrival of the animal in the area as
provided for in this chapter.
(c) For any bovine animal that is brought into a brucellosis
control area, in violation of any law, any regulation of the
department, or any rule or regulation of the United States Department
of Agriculture.
(d) For any reacting bovine animal, until the premises, where the
animal had been kept, have been cleaned and disinfected by the owner
in a manner approved by an agent of the department or of the United
States Department of Agriculture.
(e) For any reacting bovine animal that is not slaughtered within
30 days after the animal was appraised.
(f) For any animal that is owned by the United States, this state,
or any county or city in the state.
(g) For any bovine animal that was vaccinated for brucellosis
after reaching 12 months of age. However, indemnity shall be provided
for any bovine animal that was vaccinated after reaching 12 months
of age and that was part of an official whole herd adult vaccination
plan approved by the secretary. "Official whole herd adult
vaccination plan" means a plan, approved by the secretary, whereby
all female cattle exceeding 12 months of age are vaccinated against
brucellosis using an approved vaccine as defined in Section 10311 and
are identified as required by the department.
(h) For any bovine animal in a herd that has been under an order
to hold, issued pursuant to Section 9565, for more than 18
consecutive months, except as provided by subdivision (i).
(i) For any officially adult vaccinated bovine animal in a herd
that has been under an order to hold, issued pursuant to Section
9565, for more than 22 consecutive months.
(j) If the person has violated any provision of this chapter that
relates to a brucellosis control area, or any regulation that is
adopted by the department that relates to such an area.
10406.5. (a) The owner of a herd that is subject to subdivision (h)
or (i) of Section 10406 may appeal to the director in writing, on a
form as prescribed by the director, for continuation of indemnity
payments.
(b) Upon a determination that the herd owner was in full
compliance with the laws and regulations, the director,
notwithstanding Section 10406, may grant a continuation of indemnity
payments to the herd owner for a period of time deemed appropriate by
the director.
10407. A subsequent payment of indemnity shall not be made to any
person in any of the following cases:
(a) Unless the provisions of this chapter have been fully complied
with for each and every bovine animal that is added to his herd.
(b) Unless and until the premises are maintained in a sanitary
condition, which is satisfactory to the department or the United
States Department of Agriculture.
10401. Any bovine animal in a brucellosis control area that reacts
positively to a test for brucellosis shall immediately be identified
pursuant to the regulations of the secretary. The animal shall be
slaughtered within 30 days in accordance with the regulations of the
secretary.
10402. The value of an animal which is slaughtered shall be
determined by appraisement by a representative of the department or a
representative of the Agricultural Research Service of the United
States Department of Agriculture, and by the owner or his agent. If
such persons do not agree on the valuation of the animal, the animal
shall be appraised by the chief appraiser of the department or his
representative. In either event, the value which is determined is
final.
10403. Within 30 days after the appraisal of the animal, it shall
be slaughtered under the supervision of the director.
10404. Where it is necessary to prevent the spread within this
state of bovine brucellosis, the director may provide for the
slaughter of animals.
10405. Except as otherwise provided in this article, if an animal
in a brucellosis control area is slaughtered pursuant to this
article, or under regulations of the director which are made pursuant
to this article, the owner shall receive all of the following:
(a) The proceeds of the sale of the salvage of the animal.
(b) From the state, one-half of the difference between the
appraised value and the sum of the proceeds of the sale of the
salvage and indemnity provided by the United States, but in no
instance to exceed three hundred dollars ($300) for any animal.
(c) From the United States, any sum which is authorized to be paid
to him from any appropriation made by the United States to assist in
the eradication of brucellosis.
10406. Indemnity shall not be paid to any person in any of the
following cases:
(a) For any steer or grade bull that is determined to be a
reactor.
(b) For any bovine animal that is brought into a brucellosis
control area, that reacts to a brucellosis test which is applied
within 90 days after the arrival of the animal in the area as
provided for in this chapter.
(c) For any bovine animal that is brought into a brucellosis
control area, in violation of any law, any regulation of the
department, or any rule or regulation of the United States Department
of Agriculture.
(d) For any reacting bovine animal, until the premises, where the
animal had been kept, have been cleaned and disinfected by the owner
in a manner approved by an agent of the department or of the United
States Department of Agriculture.
(e) For any reacting bovine animal that is not slaughtered within
30 days after the animal was appraised.
(f) For any animal that is owned by the United States, this state,
or any county or city in the state.
(g) For any bovine animal that was vaccinated for brucellosis
after reaching 12 months of age. However, indemnity shall be provided
for any bovine animal that was vaccinated after reaching 12 months
of age and that was part of an official whole herd adult vaccination
plan approved by the secretary. "Official whole herd adult
vaccination plan" means a plan, approved by the secretary, whereby
all female cattle exceeding 12 months of age are vaccinated against
brucellosis using an approved vaccine as defined in Section 10311 and
are identified as required by the department.
(h) For any bovine animal in a herd that has been under an order
to hold, issued pursuant to Section 9565, for more than 18
consecutive months, except as provided by subdivision (i).
(i) For any officially adult vaccinated bovine animal in a herd
that has been under an order to hold, issued pursuant to Section
9565, for more than 22 consecutive months.
(j) If the person has violated any provision of this chapter that
relates to a brucellosis control area, or any regulation that is
adopted by the department that relates to such an area.
10406.5. (a) The owner of a herd that is subject to subdivision (h)
or (i) of Section 10406 may appeal to the director in writing, on a
form as prescribed by the director, for continuation of indemnity
payments.
(b) Upon a determination that the herd owner was in full
compliance with the laws and regulations, the director,
notwithstanding Section 10406, may grant a continuation of indemnity
payments to the herd owner for a period of time deemed appropriate by
the director.
10407. A subsequent payment of indemnity shall not be made to any
person in any of the following cases:
(a) Unless the provisions of this chapter have been fully complied
with for each and every bovine animal that is added to his herd.
(b) Unless and until the premises are maintained in a sanitary
condition, which is satisfactory to the department or the United
States Department of Agriculture.
10401. Any bovine animal in a brucellosis control area that reacts
positively to a test for brucellosis shall immediately be identified
pursuant to the regulations of the secretary. The animal shall be
slaughtered within 30 days in accordance with the regulations of the
secretary.
10402. The value of an animal which is slaughtered shall be
determined by appraisement by a representative of the department or a
representative of the Agricultural Research Service of the United
States Department of Agriculture, and by the owner or his agent. If
such persons do not agree on the valuation of the animal, the animal
shall be appraised by the chief appraiser of the department or his
representative. In either event, the value which is determined is
final.
10403. Within 30 days after the appraisal of the animal, it shall
be slaughtered under the supervision of the director.
10404. Where it is necessary to prevent the spread within this
state of bovine brucellosis, the director may provide for the
slaughter of animals.
10405. Except as otherwise provided in this article, if an animal
in a brucellosis control area is slaughtered pursuant to this
article, or under regulations of the director which are made pursuant
to this article, the owner shall receive all of the following:
(a) The proceeds of the sale of the salvage of the animal.
(b) From the state, one-half of the difference between the
appraised value and the sum of the proceeds of the sale of the
salvage and indemnity provided by the United States, but in no
instance to exceed three hundred dollars ($300) for any animal.
(c) From the United States, any sum which is authorized to be paid
to him from any appropriation made by the United States to assist in
the eradication of brucellosis.
10406. Indemnity shall not be paid to any person in any of the
following cases:
(a) For any steer or grade bull that is determined to be a
reactor.
(b) For any bovine animal that is brought into a brucellosis
control area, that reacts to a brucellosis test which is applied
within 90 days after the arrival of the animal in the area as
provided for in this chapter.
(c) For any bovine animal that is brought into a brucellosis
control area, in violation of any law, any regulation of the
department, or any rule or regulation of the United States Department
of Agriculture.
(d) For any reacting bovine animal, until the premises, where the
animal had been kept, have been cleaned and disinfected by the owner
in a manner approved by an agent of the department or of the United
States Department of Agriculture.
(e) For any reacting bovine animal that is not slaughtered within
30 days after the animal was appraised.
(f) For any animal that is owned by the United States, this state,
or any county or city in the state.
(g) For any bovine animal that was vaccinated for brucellosis
after reaching 12 months of age. However, indemnity shall be provided
for any bovine animal that was vaccinated after reaching 12 months
of age and that was part of an official whole herd adult vaccination
plan approved by the secretary. "Official whole herd adult
vaccination plan" means a plan, approved by the secretary, whereby
all female cattle exceeding 12 months of age are vaccinated against
brucellosis using an approved vaccine as defined in Section 10311 and
are identified as required by the department.
(h) For any bovine animal in a herd that has been under an order
to hold, issued pursuant to Section 9565, for more than 18
consecutive months, except as provided by subdivision (i).
(i) For any officially adult vaccinated bovine animal in a herd
that has been under an order to hold, issued pursuant to Section
9565, for more than 22 consecutive months.
(j) If the person has violated any provision of this chapter that
relates to a brucellosis control area, or any regulation that is
adopted by the department that relates to such an area.
10406.5. (a) The owner of a herd that is subject to subdivision (h)
or (i) of Section 10406 may appeal to the director in writing, on a
form as prescribed by the director, for continuation of indemnity
payments.
(b) Upon a determination that the herd owner was in full
compliance with the laws and regulations, the director,
notwithstanding Section 10406, may grant a continuation of indemnity
payments to the herd owner for a period of time deemed appropriate by
the director.
10407. A subsequent payment of indemnity shall not be made to any
person in any of the following cases:
(a) Unless the provisions of this chapter have been fully complied
with for each and every bovine animal that is added to his herd.
(b) Unless and until the premises are maintained in a sanitary
condition, which is satisfactory to the department or the United
States Department of Agriculture.
