Cal. Code Regs. Tit. 3, § 1301 - Definitions

(a) "Animal" means any animal, livestock, or domestic animal, including poultry and fish, which is kept, maintained, held, or raised in captivity.

(b) "Poultry" means any domesticated fowl and any wild fowl or bird which is kept, maintained, held, or raised in captivity.

(c) "Population of animals" means any quantity of animals, including one animal.

(d) "Animal Product" means any edible or inedible product or products made from, by, or with an animal, any part of an animal, or animal by-product.

(e) "Condition" means any illness, disease, infection, pathogen, contagion, toxin, bacteria, virus, prion, or any other material or factors affecting a population of animals or animal product.

(f) "State Veterinarian" means the State Veterinarian or his designated representative.

(g) "Hold" means to prevent or restrict movement of a population of animals or animal product from the premises where it is located.

(h) "Move" means to relocate a population of animals or animal product from the premises where it is located, including the recall of an animal product already shipped.

(i) "Segregate" means to separate, and maintain separately, a population of animals or animal product from another population of animals or animal product.

(j) "Isolate" means to confine a population of animals or animal product in an area away from other populations of animals or animal products.

(k) "Treat" means to test, clean, decontaminate, disinfect, dip, medicate, vaccinate, or destroy a population of animals, animal product, and/or premises, equipment, and other materials that may have been contaminated by the condition affecting the population of animals or animal product.

(l) "Destroy" means to kill a population of animals or destroy or otherwise render an animal product inedible or unusable by a method deemed appropriate for the condition as determined by the State Veterinarian.

(m) "Quarantine" means the designation of host and/or at-risk population(s) of animals, humans, and/or animal products, wherever located, for appropriate action as determined by the State Veterinarian, pursuant to this Article.

(n) "Notice of Required Action" or "Notice" means a written notice by the State Veterinarian directing an owner to hold, move, prohibit entry into this State, segregate, isolate, treat, or destroy a population of animals or animal product.

(o) "Owner" means the legal owner of a population of animals or animal product, the legal owner's authorized representative, any person with immediate control of a population of animals or animal product, or any person with immediate control over premises where a population of animals or animal product is or has been located.

(p) "Epidemiology" means the study of the causes, distribution, and control of diseases in a population of animals or animal product.

(q) "Standard epidemiological practice" means practices accepted as standard in veterinary medicine, including but not limited to official screening tests or the professional judgment of the State Veterinarian.

(r) "Credible scientific research" means research published in a peer-reviewed publication and not refuted by subsequent experiment or evidence.

(s) "Epidemiological investigation" means an investigation to determine the risks or presence of a condition affecting a population of animals or animal product, conducted using recognized or standard epidemiological practices, including but not limited to sample collection and laboratory testing.

(t) "Plan of Action" means any procedure or procedures to control or eliminate a condition, or risks of a condition, affecting a population of animals or animal product, or to protect the health and safety of the citizens or animals of this State.

(u) "Sample" means any specimen or portion necessary to establish a finding of fact in any circumstance subject to an application of this Article. The size and nature of the sample shall be determined by current standard epidemiological practice for the condition being investigated.

(v) "Presumptive diagnosis" means a preliminary diagnosis.

(w) "Confirmatory diagnosis" means a diagnosis confirmed by confirmatory test results or other diagnostic criteria.

(x) "Eradication program" means a prescribed course of action, set forth in State or Federal statute or regulation, for the purpose of eliminating or controlling a particular condition.

(y) "Hearing Officer" means any person designated as a Hearing Officer by the State Veterinarian.

(z) "May Carry", as referenced in Food and Agricultural Code section 9562, subdivision (a), means, in the exercise of the State Veterinarian's professional judgment, "susceptible to" or a belief that a population of animals or animal product has a condition pending epidemiological investigation.

Notes

Cal. Code Regs. Tit. 3, § 1301

1. New article 3 (sections 1301-1301.9) and section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New article 3 (sections 1301-1301.9) and section filed 10-24-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed 12-5-2001 (Register 2001, No. 49).
5. New subsection (z) and amendment of NOTE filed 4-2-2007; operative 5-2-2007 (Register 2007, No. 14).

Note: Authority cited: Sections 407, 9562 and 9570, Food and Agricultural Code. Reference: Sections 9502, 9503 and 9562, Food and Agricultural Code.

1. New article 3 (sections 1301-1301.9) and section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New article 3 (sections 1301-1301.9) and section filed 10-24-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed 12-5-2001 (Register 2001, No. 49).
5. New subsection (z) and amendment of Note filed 4-2-2007; operative 5-2-2007 (Register 2007, No. 14).