California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 7 - Restricted Animals › Article 3 - Quarantine › Section 1301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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.