§ 10406 Brucellosis Indemnity Exclusions

This law says you can't get money (indemnity) for a cow or bull that tests positive for brucellosis or breaks the rules about bringing animals into a control area.

Key Takeaways

•No indemnity if the animal is a reactor (tests positive) for brucellosis.
•No indemnity if the animal is brought into a control area and reacts within 90 days.
•No indemnity if the animal was brought in illegally or the owner broke any related rules.
•The farm must be cleaned and disinfected before any payment can be considered.
•The animal must be slaughtered within 30 days of being declared a reactor.
•Animals owned by the U.S., the state, or local governments are not eligible.
•Cows vaccinated after age 12 months only get indemnity if part of an approved whole‑herd adult vaccination plan.
•If a herd has been under a hold order for more than 18 (or 22 for vaccinated adults) months, indemnity is not paid.

Example

A farmer moves a cow into a brucellosis control zone. The cow tests positive for brucellosis within 60 days, and the farmer does not clean and disinfect the barn before the test result.

Because the cow reacted to the test and the farm wasn't cleaned as required, the farmer will not receive any indemnity payment for that cow.

Indemnity shall not be paid to any person in any of the following cases: (a) For any steer or grade bull that is determined to be a reactor. (b) For any bovine animal that is brought into a brucellosis control area, that reacts to a brucellosis test which is applied within 90 days after the arrival of the animal in the area as provided for in this chapter. (c) For any bovine animal that is brought into a brucellosis control area, in violation of any law, any regulation of the department, or any rule or regulation of the United States Department of Agriculture. (d) For any reacting bovine animal, until the premises, where the animal had been kept, have been cleaned and disinfected by the owner in a manner approved by an agent of the department or of the United States Department of Agriculture. (e) For any reacting bovine animal that is not slaughtered within 30 days after the animal was appraised. (f) For any animal that is owned by the United States, this state, or any county or city in the state. (g) For any bovine animal that was vaccinated for brucellosis after reaching 12 months of age. However, indemnity shall be provided for any bovine animal that was vaccinated after reaching 12 months of age and that was part of an official whole herd adult vaccination plan approved by the secretary. “Official whole herd adult vaccination plan” means a plan, approved by the secretary, whereby all female cattle exceeding 12 months of age are vaccinated against brucellosis using an approved vaccine as defined in Section 10311 and are identified as required by the department. (h) For any bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 18 consecutive months, except as provided by subdivision (i). (i) For any officially adult vaccinated bovine animal in a herd that has been under an order to hold, issued pursuant to Section 9565, for more than 22 consecutive months. (j) If the person has violated any provision of this chapter that relates to a brucellosis control area, or any regulation that is adopted by the department that relates to such an area. (Amended by Stats. 1996, Ch. 653, Sec. 8. Effective January 1, 1997.)

This law says you can't get money (indemnity) for a cow or bull that tests positive for brucellosis or breaks the rules about bringing animals into a control area.

Key Takeaways

•No indemnity if the animal is a reactor (tests positive) for brucellosis.
•No indemnity if the animal is brought into a control area and reacts within 90 days.
•No indemnity if the animal was brought in illegally or the owner broke any related rules.
•The farm must be cleaned and disinfected before any payment can be considered.
•The animal must be slaughtered within 30 days of being declared a reactor.
•Animals owned by the U.S., the state, or local governments are not eligible.
•Cows vaccinated after age 12 months only get indemnity if part of an approved whole‑herd adult vaccination plan.
•If a herd has been under a hold order for more than 18 (or 22 for vaccinated adults) months, indemnity is not paid.

Example

A farmer moves a cow into a brucellosis control zone. The cow tests positive for brucellosis within 60 days, and the farmer does not clean and disinfect the barn before the test result.

Because the cow reacted to the test and the farm wasn't cleaned as required, the farmer will not receive any indemnity payment for that cow.

Key Takeaways

Example

References

§ 10406 Brucellosis Indemnity Exclusions

Key Takeaways

Example

References

Key Takeaways

Example

Related Statutes

References

Key Takeaways

Example

Related Statutes

References