2009 California Food and Agricultural Code - Section 10492-10496 :: Article 8. Brucellosis Eradication Compensation Costs

10492.  If an owner of cattle refuses to slaughter exposed,
nonreacting bovine animals pursuant to the provisions of Article 7
(commencing with Section 10421) when requested by the director to do
so, the cattle owner shall then be responsible for paying to the
director the full costs of the department in eradicating brucellosis
from his herd. Such responsibility shall begin with the refusal to
slaughter exposed, nonreacting animals and shall continue until
brucellosis is eradicated from the herd.

10493.  The following procedures shall be followed when brucellosis
has been identified in a herd of cattle:
   (a) An official veterinarian shall conduct an epidemiological
investigation of the infected herd and premises involved in order to
determine the specific methods and actions necessary to eradicate the
disease from the herd.
   (b) Upon request of the owner of the infected herd, the
investigation provided for in subdivision (a) shall be conducted with
the assistance and participation of a licensed veterinarian selected
by such owner.
   (c) An official epidemiological report shall be prepared which
shall specify the methods and actions necessary to eradicate the
disease, and shall include reasonable guidelines for timing the
accomplishment of the various tasks associated with such activity.
   (d) Any person who is aggrieved at any determination made pursuant
to this section may appeal in writing to the director within five
days after notice of such determination. The director may affirm,
reverse or modify such determination after his review of the
epidemiological report and the issues involved.
   (e) The epidemiological report required by subdivision (c) shall
become the basis for a memorandum of understanding which shall be
developed between the owner of the infected herd and the department
covering the following points:
   (1) Herd management practices that will be employed to facilitate
the disease eradication effort.
   (2) Any physical facilities modification that will be required in
the eradication effort.
   (3) Specific dates for accomplishing the various tasks required in
the eradication effort.
   This memorandum of understanding may be developed with the
participation of a licensed veterinarian if such veterinarian
participated in the epidemiological investigation pursuant to
subdivision (b).

10494.  If an owner of brucellosis infected or exposed cattle
refuses to participate in the development and signing of the
memorandum of understanding required by subdivision (e) of Section
10493, or fails or refuses to comply with the provisions of such
memorandum, the cattle owner shall immediately become responsible for
paying to the director all further costs incurred by the department
in eradicating the disease from the herd of cattle owned by such
person.

10495.  If an owner of a brucellosis infected herd violates any law
or regulation pertaining to brucellosis eradication, the cattle owner
shall immediately become responsible for paying to the director all
further costs incurred by the department in eradicating the disease
from the herd of cattle owned by such person.

10496.  (a) An owner who fails to achieve eradication of brucellosis
in his or her herd is responsible for the costs of maintaining the
required testing schedule after 24 months from the date of an order
to hold issued by the director pursuant to Section 9565. Evidence of
eradication shall consist of a release from a hold issued by the
director pursuant to Section 9567.
   (b) If the director requires an infected herd to be officially
adult vaccinated to control the spread of the disease, the time
interval provided in subdivision (a) shall be extended from 24 to 28
months.
   (c) Notwithstanding subdivisions (a) and (b), the owner of a herd
which, on the effective date of this section, is under an order to
hold, issued by the director prior to that effective date, shall be
subject to this section 24 months from that effective date or 28
months from that effective date for officially adult vaccinated
herds.
   (d) This section shall not apply to the owner of a herd that has
been granted a continuation of indemnity payments as provided by
Section 10406.5.