California Code of Regulations
Title 3 - Food and Agriculture
Division 2 - Animal Industry
Chapter 7 - Restricted Animals
Article 3 - Quarantine
Section 1301.2 - Appeal of Imposition of Quarantine
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The owner may appeal the imposition of the Quarantine and request an informal hearing by contacting Animal Health and Food Safety Services, California Department of Food and Agriculture, within 72 hours from the time the Notice of Required Action is served, or within a shortened time period deemed appropriate for the condition as determined by the State Veterinarian and as specified on the Notice. If the appeal is not timely submitted, the Department shall deny the request for hearing.
(b) If the action required by the Notice is to hold, cease efforts to cause entry into the State, segregate, isolate, or treat (other than destroy) a population of animals or animal product, the Notice shall remain in effect during the appeal period and pending the outcome of the informal hearing.
(c) If the action required by the Notice to move a population of animals or animal product, the State Veterinarian, in his sole discretion, may stay the Notice pending the outcome of the informal hearing; provided however that, if the Notice requires treatment also, that portion of the Notice shall remain in effect, unless expressly stayed by the State Veterinarian. The direction of the State Veterinarian to hold or move or treat pending the outcome of the informal hearing is not appealable.
(d) If the action required by the Notice is to destroy a population of animals or animal product, the Notice shall be stayed pending the outcome of the informal hearing, but the population of animals or animal product must be held or moved, as directed by the State Veterinarian, during the stay. The direction of the State Veterinarian to hold or move pending the outcome of the informal hearing is not appealable.
1. New
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or emergency language will be repealed by operation of law on the following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 Repealed by operation of Government Code section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 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be repealed by operation of law on the following day.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, 10324, 10493, 10781, 10921 and 32767, Food and Agricultural Code; and Sections 11425.50 and 11445.10, Government Code.
