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STATE OF CALIFORNIA

SACkXSlENTO

OFFICE OF STATE VETERINARIAN
CHARLES KEANE, D. V. S.

LAWS IN FORCE

IN THE

STATE OF CALIFORNIA

FOR THE

Prevention and Extirpation of Infectious

and Contagious Diseases

among Live Stock

Oi' THE ^

UNIVERSITY i)

California

State Printing Office

1914

^

PREVENTION AND EXTIRPATION OF INFECTIOUS AND
CONTAGIOUS DISEASES AMONG LIVE STOCK.

An act to protect domestic live stock from contagious and infectious diseases,
to provide for the appointment and duties of officials to carry into effect the
provisions of this act, and to provide an appropriation therefor.

[Approved March 18, 1889. Amended, March 20, 1905 ; March 23, 1907 ; and March 19,

1909.]

The people of the State of California, represented in senate and

assembly, do enact as follows:

Section 1. The office of state veterinarian of the State of California
is hereby created. It shall be the duty of the governor, within sixty
days after the passage of this act, to appoint a skilled veterinary sur-
geon for the State of California to fill said oftice of state veterinarian,
who at the date of such appointment shall be a graduate in good stand-
ing of a recognized college of veterinary surgery legally qualified to
practice as such in this state, and who shall hold office for a period of
four years from and after the date of qualification. The salary of said
state veterinarian shall be three thousand six hundred dollars per
annum, payable at the same time and in the same manner as are the
salaries of other state officers. Said state veterinarian shall also be
allowed his necessary expenses incurred in the discharge of his duties
as hereinafter provided. In making said appointment it shall be the
duty of the governor to disregard political affiliations, and to be guided
in his selection merely by the professional and moral qualifications of
said veterinarian for the performance of his duties.

Sec. 2. It shall be the duty of the state veterinarian, provided for
in the first section of this act, to protect the health of all live stock of
the state from all contagious and infectioiLs diseases, so far as prac-
ticable, and for the purpose he is hereby authorized and empowered, by
and with the approval of the governor, to establish, maintain, and
enforce such cpiarantine, sanitary, and other regulations as he may
deem necessary as to live stock passing over any quarantine line exist-
ing, or which may be established within the state. Said state veter-
inarian is aLso hereby authorized and empowered, by and with the
approval of the governor, to establish, maintain, and enforce such
quarantine, sanitary, and other regulations as he may deem necessary
as to live stock entering the state from other states and territories, and
from foreign countries.

The governor is hereby authorized and empowered to appoint an
assistant state veterinarian, wdio shall hold office for a period of four
years from and after the date of his appointment, and whose salary
shall be three thousand dollars per annum, said salary to be paid at the
same time and in the same manner as are the salaries of other state
officers. Said assistant state veterinarian shall also be allowed his
necessary expenses incurred in the discharge of his duties.

Sec. 3. Upon information by him received of the exi.stence of con-
tagious or infectious diseases of domestic animals within this state, the
state veterinarian shall proceed to thoroughly investigate the same, and

393683

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he is hereby authorized, by and with Uie approval of the governor,
to establish such quarantine, sanitary and police regulation as may be
necessary to circumscribe and exterminate such disease or diseases, and
prevent the extension thereof, and ho is hereby authorized and enij^ow-
ered to enter upon any groinids or premises and inspect any live stock
necessary to carry out the provisions of this act.

Sec. 4. Upon the discovery of any ease of such contagious or infec-
tious disease, the state veterinarian shall immediately inform the board
of supervisors of the county or counties in which said disease exists, or
diseased animals are located, of the existence of such disease, and of
such facts and circumstances in connection therewith as will enable
said lioard of supervisors to take prompt and proper action to ])j-event
the spread of such disease and to eradicate the same.

Sec. 5. Upon receipt of information as provided for in section four
of this act, it shall be the duty of the board of supervisors to proceed
immediately to eradicate or suppress said disease, to prevent its spread
or introduction among healthy animals, or the infection of i)astui"es,
roads, places, or sections theretofore free from said disease and unin-
fected.

Sec. 6. Should said board of supervisors refuse or neglect for a
period of five days, to take any or i)roper action to quarantine such
cases of contagious or infectious disease so reported to them, or to sup-
press or eradicate the same, or prevent the spread thereof, the state
veterinarian shall have the power, and it shall be his duty, to quarantine
.such county or counties, or such portions thereof as may l)e necessary,
and thereafter it shall be unlawful for the owners of the live stock
quarantined, their agents or employees, to move any of such live stock
across the quarantine line established, or without the county or portion
thereof quarantined, without first obtaining a permit from said state
veterinarian, who shall before such permit is issued, inspect and if
necessary cause such live stock and vehicles of transportation to l)e dis-
infected in accordance with tlie instructions of said state veterinarian,
or until such quarantine has been raised or discontinued by said state
veterinarian.

Sec. 7. The state veterinarian shall determine, from time to time,
the quarantine and other regulations necessary to prevent tlie spread
among live stock of any malignant, contagious, or infectious disease
found to exi.st among the live stock of this state, and when he shall have
done SO' he shall notify the governor thereof, who, if he approve, shall
issue his proclamation proclaiming tlu^ boundaries of such (|uaraiitine,
and the orders, rules and regulations prcsrrihtd I'or liic iiiaiiiltMiaiu-e
and enforcement of such quarantine, and shall piihlish the same in surh
maimer as he may deem expedient.

Skc. 71. 'I'hc state veterinai'ian of th(> State of ("alifornia is hereby
autlioi'ized and empowered 1o a|)poiiil one deputy stale veterinarian,
and one clerk. The salary ol' tlie deputy state Ncterinariaii shall be
eighteen hundred dollars i)er annum; the salary oi" the eh'rk shall be
sixteen hundred dollai's ])er aiuium. Said salaries shall he paid at the
same time and in the same maniiei' as are the salaries of other state
officers. The deputy state \'eterinai'ian shall he allowed such necessary
expenses as inay be incurred in the disehai-ge ol' his duties.

Sioc. 8. Any pei-son failing to comijly with the provisions ol" this act
shall be deemed L;uilt\- ol" a misdemeanor, and upon conviction thereof
shall he |)iniislied hy a line ol' not less than one hinidred nor more than

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five hundred dollars, or by imprisonment in the connty jail not exceed-
ing six months, or by both such fine and imprisonment, and shall be
liable for any damage or loss that may be sustained by any person or
persons by reason of the failure of any owner or person in control of
live stock to comply with the provisions of this act.

Sec. 9. This act shall take effect and be in force from and after its
passage and approval.

An act to prevent the importation into the State of California of horses, mules,
asses, or cattle which are affected with any infectious or contagious disease;
to provide for the inspection of such animals before they are brought into
the state; to repeal an act entitled, "An act to prevent the importation of
neat cattle for dairy or breeding purposes affected with tuberculosis into
the State of California," approved March 7, 1911; to repeal an act entitled,
"An act to prevent the importation of horses, mules and asses affected with
glanders into the State of California," approved March 7, 1911.

[Approved June 4, 1913.]

Section 1. It shall be unlawful for any person, firm, company or
corporation, their agents and servants, to bring into the State of Cali-
fornia any horses, mules, asses, or cattle, unless such animals have been
examined and found free from infectious or contagious diseases, which
freedom from disease shall be established by a certificate of health
signed by a regularly qualified and practicing veterinarian who is a
graduate of a duly recognized and accredited veterinary college of good
standing; provided, however, that in case of cattle over six months of
age intended to be used for dairy or breeding purposes, said certificate
of health shall also state and certify that each individual animal thereof
has been personally and carefully inspected and subjected to a physical
and clinical examination and also subjected to the tulierculin test, and
that each individual animal thereof has been found free from any
suspicious symptoms of tuberculosis, or of any infectious or contagious
disease other than tuberculosis, and also that each individual animal
thereof failed to react to the tuberculin test. Said certificate shall also
include a complete temperature record of each animal during the period
while undergoing the tuberculin test. The certificate of health and
tuberculin test record, as provided for in this act, shall be in duplicate,
one copy of which must be attached to the way bill of the shipment, and
the other copy shall be forwarded to the state veterinarian of the State
of California on the day the shipment is made ; provided, further, that
any person, firm, company or corporation, their agents and servants,
wishing to bring cattle into the State of California for exhibition at
fairs, may, by making application to the state veterinarian of the State
of California, receive permission to bring such cattle into the State of
California for such purpose without the tuberculin test as provided for
herein, but in all such eases said permit must be attached to the way bill
accompanying the shipment of such cattle; and provided, further, that
in case any of such exhibition cattle are sold to remain in the State of
California, they must be subjected to the tuberculin test and proved free
from tuberculosis before being delivered to the purchaser. It is further

provided that cattle may he hrou,G:ht into the State of California for the
purpose of slaiigliter for food, as Avell as for the purpose of fattening
for such slaughter, -without a certificate of inspection or tuberculin test-
ing, except as may be otherwise provided. In every case where cattle
are being brought into the state except as herein1)efore provided there
shall also be attached to said certificate of health a certificate signed by
the owner, or the consignor or shipper, certifying that no one of such
animals had previously reacted to the tuberculin test within three
months last past and that no one of such animals had been subjected to
any other treatment designed to negative the action of the tuberculin
test, and in every case where said cattle are brought into the State of
California for the purpose of slaughter for food, or for the purpose of
fattening for such slaughter, a certificate signed by the owner shall be
attached to said way bill accompanying said sliipmeut, stating correctly
the purpose for which said cattle are to be used and where and by whom
they are to be so used; and it shall be unlawful for any person, firm or
corporation to make any false or incorrect .statement as to any of the
matters herein reciuirecl to be set forth in said certificate and if said
certificate be attached to said way bill it shall relieve any transportation
company, its agents and employees from the penalties prescribed in this
act, if said cattle should be brought into this state for purposes other
than as set forth in said certificate.

Sec. 2. Any person, firm, company or corporation, their agents,
servants and employees, that shall violate any of the provisions of this
act shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine of not less than fifty dollars, nor
more than five hundred dollars, or by imprisonment in the county jail
for a term not exceeding one hundred and eighty days, or by both such
fine and imprisonment.

Sec. 3. That certain act of the legislature of the State of California
entitled, ''An act to prevent the importation of neat cattle for dairy or
breeding purposes affected with tuberculosis into the State of Cali-
fornia," approved IMarch 7, 1911, is hereby expressly repealed.

Sec. 4. That certain act of the legislature of the State of California,
entitled, "An act to prevent the importation of horses, mules and asses
affocted with glanders into the State of California," approved ^Farch 7.
1911, is hereby expressly repealed.

Sec. 5. All acts and parts of acts in conllict with llie provisions of
this act are hereby repealed.

An act providing for the eradication of the disease known as scabies in sheep;
providing for the duties of the state veterinarian in relation thereto; making
certain acts in relation to sheep infected with such disease a misdemeanor;
providing for a lien against such sheep for expenses and costs in the exter-
mination of such disease; making certain persons liable for a violation of
this act, and providing for the enforcement of said lion.

I Aiipi-ovrcl l'"clini:u-.v _::. I'.h)!). 1

Section 1. Aii\' pci-si n who sli;i!l Iukiw iii'jl\ sell, (tiVcr lor sjilc or
expose in siidi a iii.iniicr as may iiilVrt oilier sheep iiol so infected aiiv

sheep infected with the disease known as scabies shall be guilty of a
misdemeanor.

Sec. 2. Whenever, upon examination of any sheep located in any
county of the State of California, the state veterinarian or his duly
authorized deputy shall find such sheep or any portion of them to be
infected with or to have been exposed to infection from the disease
known as scabies he shall forthwith notify in writing the owner or
person in control of said sheep to dip all of said sheep in a manner as
directed by said officer for the purpose of eradicating said disease.
Such owner or person in control of said sheep shall, within a period of
ten days after receiving such notice, dip all of said sheep in a manner as
directed by said officer.

Sec. 3. If, upon the expiration of ten days from the date on which
notice was given to dip sheep as provided for in section two of this act,
the owner or person in control of said sheep has failed to dip such sheep
in accordance with the directions of said state veterinarian or his duly
authorized deputy as also provided for in section two of this act, then
said officer shall immediately take possession of said sheep and proceed
to eradicate said disease of scabies by dipping said sheep one or more
times as may be necessary.

Sec. 4. "Whenever the state veterinarian or his duly authorized
deputy has reason to believe that the disease known as scabies exists in
a flock of sheep he shall notify the owner or person in control of such
sheep to gather all of said sheep in a corral in order that such sheep
may be examined and inspected by said officer for the purpose of ascer-
taining if any or all of said sheep are infected with scabies. And if
such owner or person in control of said sheep refuses or neglects to
gather all of said sheep in a corral for the purpose aforesaid, it shall be
the duty of said officer to gather said sheep in a corral for the purpose
aforesaid ; and for this purpose he is hereby authorized and empowered
to hire such necessary help as may be required to gather said sheep.

Sec. 5. All expenses and costs of dipping sheep as provided for in
section three of this act, and all expenses and costs incurred in gathering
sheep as provided for in section four of this act, shall become and remain
a lien on said sheep until such lien is paid or foreclosed by law.

Sec. 6. If such lien is not paid within fifteen days after said
expenses and costs have been incurred the state veterinarian shall, in the
name of the people of the State of California, commence an action to
foreclose said lien. Such action shall be commenced, tried, and deter-
mined in all respects as provided in the Code of Civil Procedure for the
foreclosure of mortgages on personal property.

Sec. 7. In any action or proceeding, civil or criminal, arising under
this act, any and all persons having an interest in the sheep or in control
or possession of the same, and concerning which sheep such action or
proceeding is had, shall be liable severall}^ and jointly for each violation
of the provisions of this act.

Sec. 8. This act shall take effect and be in force immediately.

An act providing for the extermination of the boophilus annulatus tick, defining
certain crimes and providing for certain civil and criminal actions.

[Approved March 21, 1907; Amended February 23, 1909.]

Section 1. Any pensoii who .sliall willL'iilly or iiilciilioiially .sell, (ift'er
for .sale, or expose in such a manner as may infest hIIkt cattle or other
live stock not so infested, any cattle havini!: thereon or heing infested
with the boophilus annulatus tick, shall l)e uuilty of a misdemeanor ;
provided, however, that the moving or handling of tick infested cattle,
when same are to be immediately slaughtered and where said cattle are
loaded on railroad cars at point of origin of said cattle, .shall not lie
deemed to be a wilful or intentional exposing of such cattle as referred
to in this section.

Sec. 1^. Whenever cattle infested with or exposed to the infestation
of the boophilus annulatus tick are to be moved for the purpose of
immediate slaughter, and where no provisions are made for the loading
of such cattle directly into railroad cars at their point of origin, such
cattle shall only be moved or allowed to move after said cattle have first
been dipped or otherwise treated in a manner as directed by tlie state
veterinarian or his duly authorized deputy.

Sec. 2. Whenever upon examination of any cattle located in any
county of the State of California the state veterinarian or his duly
authorized deputy shall find such cattle or any portion of them to be
infested with the boophilus annulatus tick, he shall forthwitli notify in
writing the owner or person in control of such cattle to dip or otherwise
treat all said cattle in a manner as directed by said state veterinarian or
his duly authorized deputy for the purpose of eradicating sucli ticks.
Such owner or person in control of such cattle shall, within a period of
fifteen days after receiving such notice, dip or otherwise treat such cattle
in a manner as directed by the state veterinarian or his duly authorized
dej)uty for the purpose of so eradicating such tick.

Sec. li. If upon examining said cattle after the expiraliou cf .said
period of fifteen days the said state veterinarian or his duly aulliorized
deputy shall find that said cattle have not been so dipped or otherwi.se
treated in a manner as directed l)y said state veterinarian or his duly
authorized deputy, such officer shall immediately nolir.N- the district
attorney of the county in which such cattle may be located.

Sec. 4. If upon such second examination the state veterinarian <n-
his duly aulliorized do])uty shall find that said cattle have nut lieeu
dij)i)ed or otherwise treated in a manner as directed by saitl state veter-
inarian or his duly authorized deputy for the purpose of eradicating and
destroying said tick, said officer shall immediately take ])Ossession of said
cattle and pi'oceed to eradicate and destroy said tick by <lippiuL' or
causing to be ili[)ped or by otlu'i'wise treating said cattle.

Sec. 5. All the expenses and costs of so di|)|)iug ;iii(l Irealitii;' said
cattle shall become and remain a lien on said cattle until .such lieu is
paid or foreclosed as provided by law.

Sec. (J. If such lieu is not ])ai(l within lil'leeu days a Tier the said
expenses and costs ai'e incurred, tlieu the state velei-inari;iu shall, in t h(>
name of the people ol" the State oL' ( -alifornia, connnence an action to
Foreclose said lien. Such action shall be eomuieuced. triiMl and deter-

— 7 —

iniued in all respects as provided in the Code of Civil Procedure for the
foreclosure of mortgages on personal property.

. Sec. 7. If however, upon examination at the end of fifteen days
from the date on which the owner or person in control and possession
of said cattle is given the notice required by section two of this act, the
state veterinarian or his duly authorized deputy shall find that said
cattle have been dipped or otherwise treated for the extermination of
such ticks but are still infested with the same then he shall instruct the
owner or person in possession of said cattle to dip or otherwise treat said
cattle one or more time as the circumstances may demand, and within
such time as the state veterinarian or his duly authorized deputy shall
deem advisable.

Sec. 8. If upon examination at any time the said state veterinarian
or his duly authorized deputy again finds that said cattle are again
infested with said ticks or that the owner or person in control of said
cattle has not continued to properly dip or otherwise treat said cattle
for the purpose of destroying said ticks, then said state veterinarian or
his duly authorized deputy shall take possession of said cattle one or
more times as in this statute provided.

Sec. 9. In any action or proceeding, civil or criminal, arising under
this act, any and all persons having an interest in the cattle or in control
or possession of the same, and concerning which cattle such action or pro-
ceeding is had, shall be liable severally and jointly for each violation of
the provisions of this act.

Sec. 10. Whenever the state veterinarian or his duly authorized
deputy is satisfied that any cattle are in process of fattening, and that
such cattle will be ready for slaughter within a period of one hundred
and twenty days, he shall exempt such cattle from dipping, as provided
in this act.

Sec. 11. All acts or parts of acts in conflict with this act are hereby
repealed.

Using or exposing animals with glanders.

Penal Code, Section 402. Any person who shall knowingly sell, or
offer for sale, or use, or expose, or who shall cause or procure to be sold,
or offered for sale, or used, or expose any horse, mule or other animal
having the disease known as glanders or farcy, or who shall bring, or
cause to be brought, or aid in bringing into the state any sheep, hog,
horse, or cattle, or any domestic animal knowing the same to be affected
with any contagious or infectious disease, shall l)e guilty of a misde-
meanor.

Animals having glanders or farcy to be killed.

Pex.vl Code. Section 1026. Every animal having glanders or farcy
shall at once be deprived of life by the owner or person having charge
thereof, upon discovery or knowledge of its condition; and any such
owner or person omitting or refusing to comply with the provisions of
this section shall be guilty of a misdemeanor.

Animals affected with contagious diseases to be kept within enclosures.

Penal Code, Section 102(/. Any person or persons, company or cor-
poration, owning or having possession or control of any animal affected
l)y any contagious or infectious disease, who shall fail to keep the same

— 8 —

within an enclosure, or herd the same in some jilaee where they -will be
secure from contact with other animals of like kind not so affected, or
who shall suffer such infected animals to be driven on the public high-
way or to range where they will be likely to come in contact with other
animals not so affected, shall be guilty of a misdemeanor, and on con-
viction, punished by a tine of not more than five hundred dollars for
each offense.

Making it a misdemeanor for any practitioner of veterinary medicine wlio fails
to report to the State Veterinarian certain diseases among animals.

Penal Code, Section 402e. Any practitioner of veterinary medicine
in the State of California who shall, upon gaining information thereof,
fail to immediately report in writing to the state veterinarian the loca-
tion, description, and name and address of the owner or person in
charge, if known, of any animal or animals affected with any one of the
following diseases: glanders, anthrax, blackleg, hog cholera, swine
plague, verminous bronchitis, sheep scab, mycotic lymphangitis, aph-
thous fever, or Texas fever, shall be deemed guilty of a misdemeanor.

An act to prevent the spread of contagious diseases among animals.

[Approved March 20, 1905.]
Statutes of 1905, p. 317.

Section 1. Any person having the care, custody or control of any
animal that dies from tuberculosis, glanders, farcy, Texas fever, or other
infectious disease, shall immediately upon the death of such animal
cremate or bury the same, or cause the same to be cremated or buried.

Sec. 2. Any connnon carrier of persons or freight that shall trans-
port any animal suffering with or that has died from the diseases, or
any of them, mentioned in section one of this act, a greater distance than
is nece-sary to transport such animal to the nearest creamatory. shall
be deemed guilty of a misdemeanor.

Sec. 3. No animal that has died of any of the diseases named in
section one of this act, shall be sold, used or permitted to be used foi- the
food of human beings or sold, used or permitted to l)e used for the food
of any domestic animal or ft)\vl.

Sec. 4. Any person, firm or corporation that shall violate any of the
provisions of this act shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less than H^.IO.OO and
not moi-e llian $.■)()(). 00 or by imprisonment in the county jail for a term
not exceed one hundred and eighty days, or by botii such fine and
imj)risonment.

Sec. 5. This act shall lake (>ft'ect iimnedinlelv.

— 9 —

Deposit of dead animals in streets, rivers, etc.

Penal Code, Section 374. Every person who puts the carcass of any
dead animal, or the oif al from any .slaughter-pen, corral, or butcher .shop
into any river, creek, pond, reservoir, stream, street, alley, public high-
way, or road in common use, or who attempts to destroy the same by fire
within one fourth of a mile of any city, town, or village, except it be in
a crematory, the construction anti operation of which is sati.sfactory to
the board of health of such city, town, or village ; and every per.son whO'
puts any water-closet or privy, or the carcass of any dead animal, or any
offal of any kind, in or upon the borders of any stream, pond, lake^ or
reservoir, from which water is drawn for the supply of any portion of
the inhabitants of this state, so that the drainage of such water-closet,
privy, carcass or offal may be taken up by or in such stream, pond, lake,
or reservoir, or who allows any water-closet or privy, or carcass of any
dead animal, or of any offal of any kind, to remain in or upon the
borders of any such stream, pond, lake, or reservoir within the bound-
aries of any land owned or occupied by him, so that the drainage from
which such water-closet, privy, carcass, or offal, may be taken up by or
in such stream, pond, lake, or reservoir ; or who keeps any horses, mule.s,
cattle, swine, sheep, or live stock of any kind, penned, corraled, or
housed on, over, or on the borders of any stream, pond, lake, or reser-
voir, so that the waters thereof become polluted by reason thereof; or
who bathes in any such stream, pond, lake or reservoir ; or who by any
other means fouLs or pollutes the waters of any such stream, pond, lake,
or reservoir, is guilty of a misdemeanor, and upon conviction thereof
shall be punished as prescribed in section three .hundred and seventy-
.seven.

UNIVERSITY OF CALIFORNIA LIBRARY,
BERKELEY

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SEP as '^■''

DEC? 1954

NOV 3 0 1954

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PAT. JAR. 21, 1908

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393G83

UNIVERSITY OF CAUFORNIA UBRARY