Cal. Code Regs. Tit. 3, § 1301.8 - Violations
(a) It
is a violation of this Article if:
(1) The
owner fails to comply with any Notice of Required Action served upon him, or
interferes with the State Veterinarian in connection with the
Quarantine.
(2) The owner refuses
to permit or interferes with an inspection by the State Veterinarian of a
population of animals or animal product, or the premises where they are or have
been present, in order for the State Veterinarian to ascertain compliance with
a Notice of Required Action or for any other purpose related to the Quarantine.
Such refusal shall constitute a violation of the Quarantine.
(3) The owner fails to cooperate with, or
otherwise interferes with, the State Veterinarian in conducting the
epidemiological investigation.
(4)
The owner fails to complete, or cooperate with, the epidemiological
investigation, plan of action, or eradication program determined by the State
Veterinarian to control or eliminate the condition, or otherwise interferes
with the State Veterinarian in completing the plan of action or eradication
program.
(5) A licensed
veterinarian, any person operating an animal disease diagnostic laboratory, or
their authorized agents, fails to report any of the diseases set forth in Title
3, California Code of Regulations, section
796 as required by that
section.
(b) Violation of
this Article constitutes a basis for the Department to pursue existing
remedies. Pursuing any one remedy does not preclude the Department from
pursuing any of the remaining remedies concurrently or at a later date unless
otherwise prohibited by law.
(c)
Existing remedies include but are not limited to:
(1) Denial, suspension, or revocation of a
license, registration, certificate, permit, exception, or other indicia of
authority issued by the Department;
(2) Civil or administrative penalties;
and
(3) Referral to the appropriate
District Attorney or the Attorney General for criminal prosecution or other
appropriate remedy.
(4)
Reimbursement of the Department for any cost incurred while acting pursuant to
section 1301.1(m) above or
due to any other violation of this Article.
Notes
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New 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 A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.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).
Note: Authority cited: Sections 407, 9562 and 9570, Food and Agricultural Code. Reference: Sections 9561, 9563, 9566, 9574, 9591, 9595, 9691, 9692, 9693, 9694, 9695, 9696, 9698, 9700, 10105, 10324, 10387, 10781, 10921 and 32742, Food and Agricultural Code.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New 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).
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