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. 28, July 12, 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					 or emergency language will be repealed by operation of law on the following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 Repealed by operation of Government Code section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.