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California

West's Annotated California Codes. Health and Safety Code. Division 105. Communicable Disease Prevention and Control. Part 6. Veterinary Public Health and Safety. Chapter 3. Importation of Wild Animals. Article 1. General.

Statute Details
Printable Version
Citation: CA HLTH & S § 121775 - 121870

Citation: West's Ann. Cal. Health & Safety Code § 121775 - 121870


Last Checked by Web Center Staff: 10/2010

Summary:   This California set of law relates to the importation of "wild animals" (defined as any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in this state or not native to this state). The violation of any provision of this chapter shall be a misdemeanor. The department may issue a permit to import a wild animal provided that a determination is made that public health or safety will not be endangered.


Statute in Full:

Article 1. General.

§ 121775. Wild animal

§ 121780. Enforcement officer

§ 121785. Enforcement agreements

§ 121790. Publication of list of animals excluded except by import permit; unlawful imports

§ 121795. Entry and quarantine regulations

§ 121800. Offense

Article 2. Permits.

§ 121825. Insurance; preliminary determination

§ 121830. Application

§ 121835. Contents

§ 121840. Distribution of copies

§ 121845. Fee

Article 3. Regulation and Enforcement.

§ 121850. Notice of arrival; confinement for inspection; exclusion of excess

§ 121855. Diseased animals; disposition

§ 121860. Release from quarantine; disposition of animals not released

§ 121865. Disposition of animals unlawfully imported

§ 121870. Application of chapter to Fish and Game Code provisions

 

 

 

§ 121775. Wild animal

As used in this chapter, “wild animal” refers to any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in this state or not native to this state.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)



§ 121780. Enforcement officer

As used in this chapter, “enforcement officer” means any officer, employee, or agent of the department, local health officer, or of any state or local agency with which an agreement has been made to enforce Article 3 (commencing with Section 121850), or local health officer.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121785. Enforcement agreements

The department may enter into agreement with any state or local agency for the enforcement of Article 3 (commencing with Section 121850) of this chapter.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121790. Publication of list of animals excluded except by import permit; unlawful imports

The department shall publish from time to time a list of animals that may not be imported into this state except by permit from the department. Unless a permit is issued pursuant to this chapter, it is unlawful to import into this state any wild animal for which a permit is required by the department.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121795. Entry and quarantine regulations

The department may adopt regulations governing the entry, quarantine, or release from quarantine, of any and all wild animals imported into this state pursuant to this chapter. The regulations shall be designed to protect the public health against diseases known to occur in any such animals.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121800. Offense

The violation of any provision of this chapter shall be a misdemeanor.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121825. Insurance; preliminary determination

The department may issue a written permit to import into this state any wild animal specified by the department pursuant to Section 121790, upon determination that the public health and safety will not be endangered by the importation in accordance with the terms and conditions of the permit.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121830. Application

A permit shall be issued only upon written application from the person desiring to import the species, enumerating all of the following:

(a) The number and true scientific name of each species of wild animal for which a permit is requested.

(b) The carrier and probable point of first arrival in this state of each shipment of the species.

(c) The purpose for which they are to be imported.

(d) The name and address of the consignee.

(e) The name and address of the consignor.

(f) The place or premises where the animals shall be held in quarantine pending the completion of the tests, veterinary examinations, and observation period as may be specified by the department as a condition of the permit required under this chapter.

(g) The name and address of the licensed veterinarian who shall conduct the tests and examinations as specified by the department pursuant to this chapter.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121835. Contents

Each permit issued shall set forth the following:

(a) The number and true scientific name of the species of wild animal for which the permit is granted.

(b) A statement of the terms and conditions under which the entry of the species is permitted.

(c) The place and conditions of quarantine where required.

(d) A statement of the tests, veterinary examinations, observation period, and quarantine period as may be specified by the department.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121840. Distribution of copies

Whenever any permit is issued under provisions of this article, one copy shall be sent by the department to the local health officer of the county where the species will be held in quarantine, two copies shall accompany each shipment of wild animals involved.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121845. Fee

The department shall charge a fee for the issuance of the import permit provided for under Section 121825. The department shall provide by regulation the amount of the fee to be collected, the total amount of the fees to yield a sum approximating the cost of the administration and enforcement of this chapter. All fees shall be paid by the department into the General Fund.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121850. Notice of arrival; confinement for inspection; exclusion of excess

Any person who imports, transports into the state, or receives, any live wild animal enumerated in or designated pursuant to Section 121790, shall hold the animal in confinement for inspection and immediately notify the department of the arrival thereof. If there is found in any shipment any species not specified in the permit issued under this chapter and subject thereto, or more than the number of any species specified, the animals shall be refused admittance as provided under Section 121865.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121855. Diseased animals; disposition

If, during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease that will or may endanger the public health and safety, the diseased animal, and, if necessary, the entire shipment shall be destroyed by or under the supervision of the enforcing officer, unless the public health and safety will not be endangered by its detention in quarantine for a time and under conditions satisfactory to the enforcing officer for disinfection, treatment, or diagnosis, or no detriment can be caused by its return to point of origin at the option and expense of the owner or bailee.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121860. Release from quarantine; disposition of animals not released

Whenever any wild animal brought into this state under permit is quarantined as provided in this chapter, the species shall not be released from quarantine except by release in writing from the department. All tests, veterinary examinations, and quarantines shall be at the expense of the owner or bailee of the animals involved. Any species refused release from quarantine under this section shall be destroyed, detained, or returned to its point of origin as provided in Section 121855.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121865. Disposition of animals unlawfully imported

Any live wild animal brought into this state in violation of the provisions of this chapter or any regulations thereunder may, upon notice from the enforcing officer inspecting them or discovering the violation, be returned to the point of origin, or destroyed, within the time specified in the notice, at the option of the owner or bailee.

The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or bailee. If the owner or bailee fails to exercise the option within the time specified in the notice, the enforcing officer shall immediately thereafter seize and destroy the animals at the expense of the owner or bailee.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 

§ 121870. Application of chapter to Fish and Game Code provisions

This chapter, or any regulations adopted pursuant thereto, shall not authorize the importation, transportation, or possession of any live wild animals enumerated in Chapter 2 (commencing with Section 2116) of Division 3 of the Fish and Game Code or the regulations of the Fish and Game Commission adopted pursuant thereto, except as provided in Chapter 2 (commencing with Section 2116) of Division 3 of the Fish and Game Code.

CREDIT(S)

(Added by Stats.1995, c. 415 (S.B.1360), § 7.)

 



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