2009 California Food and Agricultural Code - Section 10421-10423 :: Article 7. Slaughter Of Exposed Nonreacting Animals

10421.  Notwithstanding any other provision of this chapter, the
secretary may proceed with the identification of nonreacting animals
in a herd in the same manner as provided in Section 10401 and require
the slaughter of those animals and the disinfection of the premises
where the animals have been kept if all of the following requirements
are satisfied:
   (a) The secretary determines that bovine brucellosis cannot be
eradicated or effectively controlled in the particular herd by the
usual recognized methods.
   (b) The secretary determines that slaughter of the remaining
exposed nonreacting animals in the herd is the best and most
practical method of attaining eradication or control.
   (c) The secretary has entered into a voluntary agreement with the
owner of the nonreacting animals to carry out the purposes and
conditions of this chapter.
   (d) Funds are available to indemnify the owner of the nonreacting
animals.

10422.  The indemnity which is paid to the owner of any nonreacting
animal which is slaughtered pursuant to this article shall be the
difference between the appraised value of the animal as determined by
appraisement by a representative of the department, or a
representative of the United States Department of Agriculture, and by
the owner or his agent, and the proceeds of the sale of the salvage.
The indemnity shall not, however, exceed four hundred dollars ($400)
for any grade animal, or five hundred dollars ($500) for any
purebred animal less any sum which is authorized to be paid to the
owner for indemnity purposes from any appropriation made by the
United States to assist in the eradication of brucellosis in cattle
in this state. In case of failure to agree on the valuation, the
animal shall be appraised by the chief appraiser of the department or
his representative. In either event, the value determined shall be
final.

10423.  Indemnity provided by this article shall not be paid in any
of the following cases:
   (a) For any bovine animal which reacts to the brucellosis test or
shows active brucellosis prior to or at slaughter. In this case, the
indemnity rate which is provided in Section 10405 shall apply.
   (b) For any bovine animal, unless all exposed cattle, swine,
goats, sheep, and horses on the premises are slaughtered.
   (c) For any bovine animal, until the premises where the animal has
been kept have been cleaned and disinfected by the owner in a manner
which is approved by an agent of the department or of the United
States Department of Agriculture.
   (d) For any steer or grade bull.
   (e) For any animal which is owned by the United States, this
state, or any county or city in the state.
   (f) If the owner is in violation of any provision of this chapter
or any regulation which is made by the department that relates to
bovine brucellosis.
   (g) For any animal which is not slaughtered within 30 days after
such animal is appraised.
   (h) For any bovine animal which originated in another state or
country that has not been in this state for at least 90 days.