UC-NRLF SF $B 5M flfl? CALIFORNIA LAWS RELATING TO ANIMAL INDUSTRY 1919 Prepared by the California State Library for the State Department of Agriculture Division of Animal Industry CALIFORNIA STATE PRINTING OFFICE SACRAMENTO 1919 . I OAA CALIFORNIA LAWS RELATING TO ANIMAL INDUSTRY 1919 Prepared by the California State Library for the State Department of Agriculture Division of Animal Industry 49649 CALIFORNIA STATE PRINTING OFFICE SACRAMENTO 1919 TABLE OF CONTENTS, Page DEPARTMENT OF AGRICULTURE 7 ANIMAL, DISEASES, REGULATIONS, QUARANTINE, ETC. PROTECTION OF'DOMESTIC LIVE STOCK FROM DISEASE 11 IMPORTATION OF DISEASED LIVE STOCK 14 EXTERMINATION OF BOOPHILUS ANNULATUS TICK 16 ERADICATION OF SCABIES 18 INSPECTORS OF DIPPING OF SHEEP 20 CONTROL OF RABIES , , 20 DISTRIBUTION OF HOG CHOLERA SERUMS 23 LICENSING OF PREPARATION OF HOG CHOLERA SERUMS 24 DISPOSITION OF DISEASED ANIMALS 26 INSPECTORS OF LIVE STOCK 27 REPORTABLE BY LOCAL PRACTITIONERS TO STATE VETERINARIAN 27 DAIRY LAWS- PRODUCTION AND STANDARDIZATION OF DAIRY PRODUCTS 28 CONDENSED AND EVAPORATED MILK 53 IMITATION MILK 53 SALE OF IMPORTED BUTTER 57 PURE MILK LAW 58 CERTIFIED MILK 64 INSPECTION OF MEAT AND MEAT FOOD PRODUCTS 65 CATTLE PROTECTION OR BRAND LAW- LICENSING OF SLAUGHTERERS 68 REGISTRATION OF CATTLE BRANDS 68 ANIMALS RUNNING AT LARGE 74 PERPETUATION OF MARKS AND BRANDS , 75 CHANGING OR DEFACING MARKS AND BRANDS 76 STALLION REGISTRATION LAW REGISTRATION OF PEDIGREE 77 LIEN FOR SERVICE OF STALLIONS, ETC 83 LICENSING OF ANIMALS USED FOR PROPAGATION 84 MISCELLANEOUS CRUELTY TO ANIMALS 85 HERDING AND GRAZING OF LIVE STOCK 93 FENCE, ESTRAY, AND TRESPASS LAWS 95 FRAUDULENT REGISTRATION OF LIVE STOCK 116 RECORD OF LIVE STOCK SALES AT AUCTION 116 LIEN FOR CARE OF LIVE STOCK 116 TAMPERING WITH ANIMALS ON EXHIBITION 117 COMMERCIAL FEEDING STUFFS 118 LICENSING OF VETERINARY PRACTITIONERS 121 INDEX _ 123 645966 PREFACE. This compilation contains the state laws relating to the dairy and live stock industries which are now enforceable by the Division of Ani nial Industry of the Department of Agriculture. It also contains certain other laws, such as the fence, estray and trespass laws, which are of special interest to those who will find use for the volume. The compilation is the first to bring together in a single volume the dairy and live stock laws and every effort has been made to make it serviceable to those engaged in these industries. DEPARTMENT OF AGRICULTURE. An act creating a department of agriculture, providing for its organization and declaring its functions; transferring to said department the powers and duties of various state agencies and the unexpended balances of their appropria- tions and funds; prohibiting certain acts, and prescribing penalties for violation of the provisions hereof. (Approved May 16, 1919; Stats. 1919, p. 542.) SECTION 1. A department of the government of the State of California to be known as the department of agriculture is created, hereby created. The department shall be conducted under the control of an executive officer to be known as director of agriculture, which office is hereby created. The director shall Director - be appointed by and hold office at the pleasure of the governor, and shall receive a salary of five thousand dollars per annum. Before entering upon the duties of his office, the director shall execute an official bond to the State of Calif orn:sa iti; i&e'-. penal ,' r >" sum of twenty-five thousand dollars, conditioned' upon the faithful performance of his duties. He shall -Jnainl&iu, his* office at Sacramento, and shall adopt and keep "ari Official seal He shall act as chief of one of the divisions herein created. SEC. 2. For the purpose of administration, the depart- ment shall be organized by the director in such manner as with the approval of the governor, shall be deemed neces- sary to properly segregate and conduct the work of the depart- ment. The work of the department shall be divided into at least two divisions: One to be known as the division of plant industry and one as the division of animal industry. The director shall adopt such rules and regulations not inconsistent with law as may be necessary to govern the activities of the department. He shall have the power to arrange and classify the work of the department and to assign to each of the officers thereof such duties and labors as he may see fit. SEC. 3. The director shall have power, except as otherwise Appointments provided herein, to appoint heads of divisions and such assist- by director - ants, agents, experts, and other employees as are necessary for the administration of the affairs of the department, to prescribe their duties and, subject to the approval of the governor, to fix the salaries; provided, that the director or other officer of the department shall have no authority on the part of the state to incur obligations exceeding the amount of moneys made available by law for the support of the department. The heads of divisions, assistants, agents, experts and other em- ployees appointed by the director shall execute to the state such official bonds as the director may determine and require. The head of each division and one position under him of a CMI service confidential nature shall be exempt from the provisions of the exem P tions - civil service law. The director and all officers, assistants and agents of the department shall be civil executive officers. 8 STATE DEPARTMENT OF AGRICULTURE. Traveling SEC. 4. All heads of divisions, assistants, agents, experts expenses. ail( ^ other employees of the department shall be entitled to receive in addition to their salaries, their actual necessary traveling expenses when away from their headquarters on state business. The salaries and expenses of all heads of divisions, assistants, agents, experts and other employees of the depart- ment shall be paid at the same time and in the same manner as the salaries and expenses of other state officers are paid. Powers and SEC. 5. The director of agriculture may make investigations director' an( ^ prosecute actions concerning all matters relating to the business activities and subjects under the jurisdiction of the department as well as relating to the acts and the statistics referred to in section nine of this act. In connection there- with he shall have the right to inspect books and records and to hear complaints, administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testi- mony in any inquiry, investigation, hearing or proceeding pertinent or material thereto in any part of the state. -' I& th^evejit of the failure or the refusal of any witness to attend or testify, or produce such papers, books, accounts or '3oiimpp.ts;or' r givfe such testimony or in the event of any dis- ' oVeciience ' of s'ai r d subpoena, the superior court in and for the county, or city and county, in which any inquiry, investigation or proceeding may be held by the director of agriculture, shall have power to compel the attendance of said witness, the giving of said testimony and the production of said papers, including books, accounts and documents, as required by any subpoena issued by the director of agriculture. The court upon petition of the director of agriculture shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he had not attended and testified or produced said papers before the director of agriculture. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the director of agriculture, the court shall thereupon enter an order that the said witness appear before the director of agriculture at a time and place to be fixed in such order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The powers conferred upon the director of agriculture by the provisions of this section may be exercised with like force and effect by such officers of the department as the director may authorize and designate to conduct any such investigation or hearing; provided, however, that except in his report to the director, or when called upon to testify in any court or pro- ceeding at law, any such officer who shall divulge any informa- tion acquired by him from the private books, documents or papers of any person, while acting or claiming to act under LAWS RELATING TO ANIMAL INDUSTRY. any such authorization or designation, in respect to the confi- dential or private transactions, property or business of any person, firm, association or corporation, shall be guilty of a misdemeanor and shall be disqualified from acting in any official capacity in the department. In addition thereto, such officer shall be liable in damages to any person, firm, associa- tion or corporation for all injury resulting from such unlaw- ful disclosure. SEC. 6. The director shall make a report to the governor Report to at least sixty days before the commencement of each biennial go session of the legislature. Such report shall give an account of all matters pertaining to his department, together with any recommendations, and shall specifically set forth a state- ment of expenditures made by the department during the period up to and including the thirtieth day of June preced- ing said session. There shall also be set forth in such report a statement of the organization plan of the department, together with the number and classes of officers and employees in the department and the compensation paid the same. SEC. 7. The attorney general shall be the legal adviser of Duty of the department in all matters relating to the department and to the powers and duties of its officers. Upon request of the director, the attorney general, or under his direction, the dis- trict attorney of any county in which the action is brought, shall aid in any investigation, hearing, prosecution or trial had under the laws which the director is required to admin- ister, and shall institute and prosecute all necessary actions or proceedings for the enforcement of such laws and for the punishment of all violations thereof. The sheriffs and con- stables in the several counties shall execute all lawful orders of the director in such counties. SEC. 8. The director of the department of agriculture shall Powers of succeed to and is hereby vested with all the duties, powers, Sards, 8 purposes, responsibilities and jurisdiction of the state Jj^ gferred commissioner of horticulture, of the state board of horticul- tural examiners, of the state dairy bureau, of the state veter- inarian, of the stallion registration board, of the state board of viticultural commissioners, of the board of citrus fruit ship- ments, of the cattle protection board and of the several officers of such bodies and offices; and whenever by the provisions of any statute or law now in force or that may hereafter be enacted as a duty or jurisdiction is imposed or authority con- ferred upon any of said bodies, offices or officers, such duty, jurisdiction and authority are hereby imposed upon and trans- ferred to the director of the department of agriculture the same as though the title of the director of the department of agriculture had been specifically set forth and named therein. Said bodies, offices and officers whose duties, powers, purposes offices and responsibilities are so transferred to and vested in the abolished - director of the department of agriculture, are and each of them is hereby abolished and shall have no further legal exist- 10 STATE DEPARTMENT OF AGRICULTURE. ence, but the statutes and laws under which they existed and all laws prescribing their duties, powers, purposes and responsi- bilities and jurisdiction together with all lawful rules and regulations established thereunder, are hereby expressly con- tinued in force. The department of agriculture shall also succeed to and be in control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, now or hereafter held for the benefit or use of said bodies, offices and officers. eXced be ^ EC * ^' ^ IQ Director of the department of agriculture is hereby vested with the power and is charged with the duty of administering and enforcing the following laws : N An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infractions thereof, and means for the enforcement of the act, approved March 20, 1903, and all acts amending or supplementing said act. An act to prevent the propagation by the production of seed of that certain plant known as Sorghum halepense, other- wise known as Johnson grass, approved March 20, -1903, and all acts amending or supplementing said act. An act to regulate the manufacture, sale, adulteration and misbranding of insecticides or fungicides or materials used for insecticidal or fungicidal purposes and to provide penal- ties for the infraction thereof and to appropriate money there- for, approved May 1, 1911, and all acts amending or supple- menting said act. An act to regulate the production of certified milk, cream, ice cream, butter and cheese; and repealing an act entitled "An act to regulate the production of certified milk," approved March 18, 1909, and all acts and parts of acts incon- sistent with this act, approved April 25, 1913, and all acts amending or supplementing said act. An act prohibiting the destruction of foodstuffs, food prod- ucts or food articles, approved June 5, 1913, and all acts amending or supplementing said act. Powers^ Whenever in any of the statutes enumerated in this section director!" or in any of the statutes amending or supplementing the same, a duty or jurisdiction is imposed 'or authority conferred upon any state board, commission, office or officer to administer the provisions of any of said statutes, such duty, jurisdiction and authority are hereby imposed upon and transferred to the di- rector of the department of agriculture and the officers thereof with the same force and effect as if the name of the director of the department of agriculture occurred in the statute in each instance in lieu of the name of any board, commission, office or officer, or in lieu of the name of any member, deputy, assistant or employee thereof, as the case may be. Authority SEC. 10. From and after the date upon which this act money" takes effect, the director shall be and is hereby authorized and hand. empowered to expend the moneys in any appropriation or in LAWS RELATING TO ANIMAL INDUSTRY. 11 any special fund in the state treasury now remaining or made available by law for the administration of the provi- sions of any of the statutes enumerated in section nine hereof or for the use, support, or maintenance of any board, commis- sion, office or officer that is abolished by the provisions hereof and whose duties, powers and functions are, by the provisions of this act, transferred to and conferred upon the department of agriculture. Such expenditures by the director shall be made in accordance with law in carrying on the work for which such appropriations were made or such special funds created. DISEASES OF ANIMALS. PROTECTION OF DOMESTIC LIVESTOCK FROM DISEASE. 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. 1899. Amendments approved March 20, 1905; March 23, 1907; March 19, 1909; and May 18, 1915. Stats. 1899, p.129 ; 1905, p. 423; 1907, p. 932; 1909, p. 431; 1915, p. 564.) SECTION 1. The office of state veterinarian* of the State creation of 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 surgeon for the State of Cali- fornia to fill said office of state veterinarian, who at the date of such appointment shall be a graduate in good standing of a recognized college of veterinary surgery legally qualified to Qualifications, 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 salary, 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. The governor is hereby authorized and empowered Assistant to appoint an assistant state veterinarian, who shall at the veterinarian. time of such appointment be a graduate in good standing of a *By section 8 of the act of 1919, creating a Department of Agriculture (see page 9 hereof) the duties and powers of the State Veterinarian were transferred to this department, and upon the organization of the department these duties were assigned to the Division of Animal Industry. "State Veter- inarian" should be read, therefore, "Department of Agriculture, Division of Animal Industry." 12 STATE DEPARTMENT OF AGRICULTURE. Unlawful to break quarantine. recognized college of veterinary medicine and be legally quali- fied to practice veterinary medicine in this state, and who shall hold office for a period of four years from and after the date of qualification. The salary of such assistant state veterinarian shall be three thousand dollars per annum, payable 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. (As amended, Stats. 1915, p. 564.) Salary. SEC. 3. Upon information by him received of the exist- ence of any contagious or infectious disease affecting domestic animals within this state, the state veterinarian* shall proceed . N to thoroughly investigate the same, and he is hereby authorized to establish such quarantine, sanitary and police regulations as may be necessary to circumscribe and exterminate such disease Quarantine, and prevent the extension thereof, and he is further authorized and empowered to enter upon any grounds or premises and inspect any animal necessary to carry out the provisions of this act; provided, that nothing in this act shall be construed as authorizing the state veterinarian or any of his deputies to impose quarantine restrictions upon any animal in this state affected with bovine tuberculosis. (As amended, Stats. 1915, p. 565.) SEC. 4. Upon the discovery of any case of contagious or infectious disease affecting any domestic animal or animals in the State of California, the state veterinarian* shall have the power and it shall be his duty to quarantine such diseased animal or animals, and when necessary other animals which have been in contact with such diseased animal or animals, upon the land or premises where such animal or animals are located, and thereafter it shall be unlawful for the owner or owners of the animal or animals quarantined, their agents or employees, to break such quarantine or to move or allow to be moved any of such animals from without the premises or across the quarantine line so established without first obtaining a permit from said state veterinarian who shall, before such permit is issued, inspect, and if necessary, cause such animals, premises and vehicles of transportation to be properly cleaned and disinfected. (As amended, Stats. 1915, p. 565.) SEC. 5. Whenever it shall become necessary to restrict the movements of domestic animals from any county or coun- ties or portion thereof within this state on account of the fact that such animals are liable to transmit an infectious disease to animals not so affected, it shall be the duty of the state veter- inarian,* by and with the approval of the governor, to quaran- tine the animals in such county or counties or portion thereof in order to prevent the spread of such disease, and the gover- nor, if he approve, shall issue his proclamation proclaiming the boundaries of such quarantine, and thereafter, while said proclamation is in force and effect, no person, firm, company *See note, page 11 hereof. Quarantine boundaries proclaimed. LAWS RELATING TO ANIMAL INDUSTRY. 13 or corporation, their agents and servants, shall move or allow to be moved any of said animals from without the boundaries of said quarantine unless said animals shall have first been inspected, and if necessary, disinfected by the state veterin- arian, or his duly authorized deputy. (As amended, Stats. 1915, p. 565.) SEC. 6. Whenever the state veterinarian* shall have deter- ^ u a Y n a s n t tine mined that an infectious disease exists among domestic animals Spates. in any other state or territory in the United States of America, or in any foreign country, and the importation of domestic animals from said state, territory or foreign country might spread such disease among domestic animals within the State of California, said state veterinarian shall notify the governor thereof, and the governor, if he deem it expedient, shall issue his proclamation proclaiming the facts as set forth by said state veterinarian, and said proclamation shall prescribe quar- antine restrictions against said state, territory or foreign coun- try, which restrictions shall prescribe that under no conditions shall said animals be brought into the State of California from said state, territory or foreign country, or if circumstances shall warrant, said proclamation shall prescribe the conditions under which such animals may be brought into the State of California, (As amended, Stats. 1915, p. 566.) SEC. 6 \. The assistant state veterinarian and the deputy Powers of state veterinarians, as provided for in this act, are hereby given veterinarian all the powers and authority herein conferred upon said state veterinarian for the purpose of enforcing all the -provisions of this act, but the said assistant state veterinarian and deputy state veterinarians shall act under the directions and control of the state veterinarian. (Added, Stats. 1915, p. 566.) SEC. 7. Section seven of said act is hereby repealed. (As Repealed, amended, Stats. 1915, p. 566.) SEC. 7|. The state veterinarian* of the State of California is hereby authorized and empowered to appoint a deputy state veterinarian and a clerk. The salary of the deputy state veterinarian shall be twenty-four hundred dollars per annum ; the salary of the clerk shall be sixteen hundred dollars per annum. Said salaries shall be paid at the same time and in the same manner as the salaries of other state officers. The deputy state veterinarian shall be allowed such necessary expenses as may be incurred in the discharge of his duties. The state veterinarian is further authorized and empowered to appoint such additional deputies whenever it becomes necessary to carry out and give effect to the provisions of this act. The salaries of any of such deputies shall in no instance exceed the sum of two hundred (200) dollars per month, and each of said deputies shall be allowed such necessary expenses as may be incurred in the discharge of his official duties. (As amended, Stats. 1915, p. 566.) *See note, page 11 hereof. 14 > STATE DEPARTMENT OF AGRICULTURE. Stion for ^ EC ' ^' ^ n y P er son, firm or corporation who shall vio- late 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 hun- dred 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. (As amended, Stats. 1915, p. 567.) IMPORTATION OF DISEASED LIVE STOCK. An act to prevent the importation into the State of California of horses, mules, dairy cattle and breeding bulls which are affected with communicable diseases, providing for the inspection or certification of such animals before being brought into the State of California, exempting certain animals from such inspection or certification, providing penalties for violating any of the provisions of this act, and repealing an act approved June 4, 1913, entitled "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 pur- poses affected with tuberculosis into the State of Cali- fornia," 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 April 12, 1915; Stats. 1915, p. 59.) importation SECTION 1. It shall be unlawful for any person, firm, com- ock ' pany or corporation, their agents and servants, to bring into the State of California any horses, mules, dairy cattle or breed- ing bulls except as hereinafter otherwise provided. cattle. (a) Dairy cattle and breeding bulls over six months of age must be accompanied by a certificate of health and tuberculin test record signed by a qualified veterinarian showing that each of said animals is free from communicable diseases, including tuberculosis, and copy of such certificate and tuberculin test record shall be mailed to the state veterinarian* of the State of California on the day the shipment of said animals starts from its origin. statement of (&) In lieu of such certificate of health and tuberculin test veterinarian, record, as provided for in subdivision (a) of this section, said dairy cattle and breeding bulls may be brought into the State of California, provided said animals are accompanied by a signed statement issued by the state veterinarian or other authority in charge of live stock sanitary work in the state *See note, page 11 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 15 from which such animals are transported, stating that the animals in the shipment originated in herds which are free from tuberculosis and are not affected with any communicable dis- ease; and a copy of said statement shall be mailed to the state veterinarian of the State of California on the day the ship- ment of said animals starts from its origin. (c) Horses and mules must be accompanied by a certificate Horses and of health signed by a qualified veterinarian, stating that each mules - animal in the shipment is free from communicable diseases, and a copy of said certificate shall be mailed to the state veteri- .narian of the State of California on the day the shipment of said animals starts from its origin. (d) In lieu of the certificate provided for in subdivision (c) of this section, horses and mules may be brought into the State of California, provided said animals are accompanied by a signed statement issued by the state veterinarian or other authority in charge of live stock sanitary work in the state from which said animals are transported stating that each animal in the shipment is free from communicable diseases, and has not recently been exposed to any communicable disease, and a copy of said statement shall be mailed to the state veteri- narian of the State of California on the day the shipment of said animals starts from its origin. SEC. 2. Animals accompanying shipments of emigrant Exemptions. movables shall be exempt from the inspection or certification as provided for in this act. It is further provided that when horses, mules, dairy and breeding cattle are being brought into the State of California for exhibition or theatrical purposes, said animals shall likewise be exempt from the inspection and certification as provided for in this act; provided, however, that when dairy or breeding bulls which have been brought into the State of California for exhibition purposes are sold to remain in the State of California, said animals shall be sub- jected to the tuberculin test and certified to as free from tuberculosis by the state veterinarian* of the State of Cali- fornia before said animals are delivered to the purchaser. SEC. 3. Whenever it shall have been determined by the Quarantine state veterinarian* that a communicable disease exists among domestic animals in any other state or territory in the United cable States, or foreign country, and the importation of animals dlseases - from said state or territory, or foreign country might spread such disease among animals within the State of California, nothing in this act shall be so construed as to prevent or pro- hibit the governor of the State of California from issuing his proclamation quarantining said state or territory, or foreign country or from prescribing the regulations under which animals might be imported into the State of California from said state or territory, or foreign country. SEC. 4. That certain act of the legislature of the State of Act of 1913 California approved June 4, 1913, entitled "An act to prevent repealed - *See note, page 11 hereof. 16 STATE DEPARTMENT OF AGRICULTURE. the importation into the State of California of horses, mules, asses, or cattle which are affected Avith any infectious or con- tagious 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, is hereby repealed. Penalty. SEC. 5. Any person, firm, company or corporation, their agents, servants and employees, who 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 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. EXTERMINATION OF BOOPHILUS ANNULATUS TICK. An act providing for the extermination of the boophilus an^- nulatus tick, defining certain crimes and providing for certain civil and criminal actions. (Approved March 21, 1907 ; amendments approved February 23, 1909 ; Stats. 1907, p. 763; 1909, p. 55.) sale of SECTION 1. Any person who shall wilfully or intentionally cattie ed sell, offer for sale, or expose in such a manner as may infest prohibited. o ther cattle or other live stock not so infested, any cattle hav- ing thereon or being infested with the boophilus annulatus Exception, tick, shall be guilty 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 be deemed to be a wilful or intentional exposing of such cattle as referred to in this section. (As amended, Stats. 1909, p. 55.) pipping of SEC. 1J. Whenever cattle infested with or exposed to the cattle^ infestation of the boophilus annulatus tick are to be moved for the purpose of immediate slaughter, and where no pro- visions 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 the state veterinarian or his duly authorized deputy. (Added Stats. 1909, p. 55.) Notice to SEC. 2. Whenever upon examination of any cattle located "attie 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 *See note, page 11 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 17 tick, he shall forthwith 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 such ticks. Such owner or person in control of such cattle shall, within a period of fifteen days after receiving such notice, dip or other- wise treat such cattle in a manner as directed by the state veterinarian or his duly authorized deputy for the purpose of so eradicating such tick. (As amended, Stats. 1909, p. 55.) SEC. 3. If upon examining said cattle after the expiration Notice to of said period of fifteen days the said state veterinarian* or his attorney of duly authorized deputy shall find that said cattle have not been so dipped or otherwise treated in a manner as directed by said state veterinarian or his duly authorized deputy, such officer shall immediately notify the district attorney of the county in which such cattle may be located. (As amended, Stats. 1909, p. 56.) SEC. 4. If upon such second examination the state veterin- arian* or his duly authorized deputy shall find that said cattle veterinarian. have not been dipped or otherwise treated in a manner as directed by said state veterinarian or his duly cuithorized deputy for the purpose of eradicating and destroying said tick, said officer shall immediately take possession of said cattle and proceed to eradicate and destroy said tick by dipping or caus- ing to be dipped or by otherwise treating said cattle. (As amended, Stats. 1909, p. 56.) SEC. 5. All the expenses and costs of so dipping and treat- ing said cattle shall become and remain a lien on said cattle lien, until such lien is paid or foreclosed as provided by law. SEC. 6. If such lien is not paid within fifteen days after the said expenses and costs are incurred, then the state vet- erinarian shall, in the name of the people of the State of Cali- fornia, commence an action to foreclose said lien. Such action shall be commenced, tried and determined 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 several treat- 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 wi.th the same then he shall instruct the owner or person in possession of said cattle to dip or other- wise treat said cattle one or more times 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 state said cattle are again infested with said 'ticks or that the ve1 *See note, page 11 hereof. 249649 18 STATE DEPARTMENT OF AGRICULTURE. Owners jointly liable. Exemptions. Repeal. 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, aris- ing under this act, any and all persons having an interest in the cattle or in control or possession of the same, and concern- ing which cattle such action or proceeding 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. Unlawful to sell infected sheep. Notice to owner to dip infected sheep. Failure to dip sheep. ERADICATION OF SCABIES. 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 extermination of such disease; making certain persons liable for a violation of this act, and providing for the enforcement of said lien. (Approved February 23, 1909; Stats. 1909, p. 53.) SECTION 1. Any person who shall knowingly sell, offer for sale, or expose in such a manner as may infect other sheep not so infected any 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 veterina- rian* 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 con- trol of said sheep to dip all of said slieep 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 *See note, page 11 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 19 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 con-aiiing of authorized deputy has reason to believe that the disease known inspection, 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 ascertaining 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 pur- pose 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 pro- Expenses of vided 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 Foreclosure said expenses and costs have been incurred the state veteri- narian* shall, in the name of the people of the State of Cali- fornia, commence an action to foreclose said lien. Such action shall be commenced, tried, and determined 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, Liability for arising under this act, any and all persons having an interest violation - in the sheep or in control or possession of the same, and con- cerning which sheep such action or proceeding is had, shall be liable severally and jointly for each violation of the pro- visions of this act. SEC. 8. This act shall take effect and be in force imme- diately. *See note, page 11 hereof. 20 Inspectors of dipping of sheep. Appropria- tion. STATE DEPARTMENT OF AGRICULTURE. INSPECTORS OF DIPPING OF SHEEP. An act authorizing the state veterinarian to employ through- out the seventy -first and seventy-second fiscal years such inspectors as he may deem necessary to inspect and super- vise the dipping of sheep infected and exposed to tJie disease known as scabies; providing for the compensation and expenses of such inspectors, and making an appropriation therefor. (Approved May 27, 1919; Statutes 1919, p. 1231.) SECTION 1. The state veterinarian* of the State of Cali- fornia is hereby authorized to temporarily employ such inspectors, from time to time, throughout the seventy-first and seventy-second fiscal years, as he may deem necessary for thb purpose of inspecting and supervising the dipping of sheep exposed to and infected with the disease known as scabies. The said state veterinarian shall fix the compensation of such inspectors which compensation shall not exceed the sum of five dollars per day, exclusive of their necessary . and actual expenses. Such compensation and necessary expenses shall be allowed and paid out of the appropriation herein made. SEC. 2. There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of nine thousand dollars, or so much thereof as may be necessary, to be used according to law in paying the wages and necessary actual expenses of the inspectors herein provided for, four thousand five hundred dollars of which shall be available dur- ing the seventy-first fiscal year, and four thousand five hun- dred dollars of which shall be available during the seventy- second fiscal year ; and the state controller is directed to draw his warrant in favor of the person or persons entitled to the same, and the state treasurer is directed to pay the same. CONTROL OF RABIES. An act to prevent the introduction of rabies or other animal diseases dangerous to human beings, into portions of the state not infected; to control the spread of such diseases after introduction; and authorizing the state board of health to make rules and regulations therefor. (Approved June 13, 1913; Stats. 1913, p. 783.) agS tine SECTION 1. Whenever any case or cases of rabies, or other animals animal diseases dangerous to the health of human beings which >ies ' may be declared by the state board of health as coming under the provisions of this act, shall be reported as existing in any county, city and county, or incorporated city or town in the State of California, the state board of health shall make, or *See note, page 11 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 21 cause to be made a preliminary investigation as to whether such disease does exist, and as to the probable area of the state in which the population or animals are thereby endan- gered. If upon such examination the state board of health shall find that any of the said diseases does exist, a .quarantine shall be declared against all such animals as may be designated in the quarantine order, and living within the area specified in said order. Quarantine shall be defined for the purposes of this act as meaning the strict confinement, upon the private premises of the owners under restraint by leash or closed cage or paddock, of all animals specified by the order. SEC. 2. Following the order of quarantine the state board investigation of health shall make or cause to be made a thorough investiga- tion as to the extent of the disease, the probable number of persons and animals exposed, and the area found to be in- volved ; and may substitute for the quarantine order such regu- lations as may be deemed adequate for the control of the disease in each area. SEC. 3. It shall be the duty of all peace officers and boards Enforcement of health to carry out the provisions of this act. During the f period for which any quarantine order is in force all officers are empowered to kill or in their discretion to capture and hold for further action by the state board of health or its repre- sentatives, all animals in a quarantine area, found on public highways, lands and streets, or not held in restraint on private premises as specified in this act. SEC. 4. All proper officials within the meaning of this act Authority to are hereby authorized to examine and enter upon all private premises for the enforcement of this act. SEC. 5. Any owner, or other person in the possession of any Arrest for animal then being held or maintained in violation of the pro- violation - visions of this act, shall be subject to arrest on the charge of committing a misdemeanor. SEC. 6. For the purpose of providing funds to pay the Rabies expenses incurred in connection with the eradication of diseases ST" included under this act, a special fund, to be known as the created - rabies treatment and eradication fund, is hereby created for each county, city and county, or incorporated city or town in the State of California. All moneys collected in accordance with the following procedure shall be deposited to the credit of this fund with the treasurer of the county, city and county, or incorporated city or town; provided, that funds now col- lected from any dog tax may continue to be collected and used for other purposes specified by local ordinances. (a) Upon the determination by the state board of health Special dog that rabies does exist in any county, city and county, or tax ' incorporated city or town, a special dog license tax shail im- mediately become effective, unless a dog tax is already in force the funds from which are available for the payment of expenditures in accordance with the provisions of this act. This tax shall be levied as follows: An annual tax of one 22 STATE DEPARTMENT OF AGRICULTURE. one-hair of dollar and fifty cents for each male, two dollars and fifty cents for each female, and one dollar and fifty cents for each neuter dog, the same to be collected by the proper authority at the same time and in the same manner as other taxes are collected ; -provided, however, that there shall be collected at the first collection such proportion of the annual tax as cor- responds to the number of months the tax has been in opera- tion plus one year advance payment. After this dog license tax has been established in a county, city and county, or incor- porated city or town, it shall be continued in force until an order has been issued by the state board of health declaring that county, or such portion of that county as may be deemed advisable, to be free from rabies or further danger of its spread. (&) One-half of all fines collected by any court or juiga f r violations of the provisions of this act shall be placed to the credit of the rabies treatment and eradication fund of the county, city and county, incorporated city or town in which the violation occurred. SEC. 7. Whenever it becomes necessary in the judgment of the state board of health or its secretary, to enforce the pro- visions of this act in any county, city and county, or incorpo- rated city or town, the said board or its secretary may insti- tute special measures of control to supplement the efforts of the local authorities in any county, city and county, or incor- Expenditures. porated city or town whose duties are specified in this act. All expenditures incurred in enforcing such special measures shall be proper charges against the special fund created by the provisions of this act, and shall be paid as they accrue by the proper authorities of each county, city and county, or incor- porated city or town in which they have been incurred; pro- vided, that all such expenditures which may be incurred after the issuance of the order establishing the said fund and before the first collection of the tax, shall be paid as they accrue from the general fund of the county, city and county, or incor- porated city and town ; and, provided, further, that all expen- ditures in excess of the balance of money in this fund shall likewise be paid as they accrue from said general fund. All moneys thus expended from the general fund shall be repaid from the said special fund when the collections from said tax have been provided the money. special of control, LAWS RELATING TO ANIMAL INDUSTRY. 23 DISTRIBUTION OF HOG CHOLERA SERUM. An act to provide for the preparation and distribution of serums or vaccines for the prevention of the disease known as cholera in hogs in the State of California, making an appropriation therefor and prescribing the duties of the controller and treasurer in relation thereto. (Approved April 21, 1911; Stats. 1911, p. 1064.) SECTION 1. The regents of the University of California are hereby directed to cause to be prosecuted with all possible diligence, through the agricultural experiment station, the preparation of serums or vaccines that will produce immunity in hogs against the disease known as cholera. SEC. 2. The regents of the University of California are serums to be hereby further authorized and directed to furnish such serums }JSJ t lshe or vaccines in quantities not exceeding five hundred cubic centimeters as soon as possible after this act takes effect free of charge to any bona fide resident of the State of California who is engaged in the raising of hogs, upon application by such resident hog raiser. SEC. 3. The regents of the University of California are in excess of also hereby further authorized and directed to furnish to any centimeters bona fide resident of this state, who is engaged in the raising at cost, of hogs, such serums or vaccines in quantities in excess of five hundred cubic centimeters, upon the applicant paying therefor the actual cost of the production of such serums or vaccines. SEC. 4. It is herewith provided that no serums or vaccines owner must shall be furnished free of charge to anyone unless the applicant shall have first furnished sufficient evidence that the disease nogs. known as cholera exists among his hogs or among the hogs in his immediate neighborhood, and in such latter case evidence shall be furnished by said applicant that there is danger of the disease being communicated to the applicant's hogs. SEC. 5. Any person who shall sell, give away or misuse any of the serums so furnished shall, upon conviction thereof misdemeanor, be deemed guilty of a misdemeanor, and be punished as in such cases provided by law. SEC. 6. The director of the agricultural experiment sta- Assistance tion shall obtain and establish such assistance, equipment, tlonTwork. materials, appliances, apparatus and other necessary inci- dentals as may be necessary to the successful prosecution of this work within the appropriation herein specified. SEC. 7. The sum of sixteen thousand ($16,000.00) dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, six thousand ($6,000.00) dollars of which shall be available for the balance of the sixty-second fiscal year and ten thousand ($10,000.00) dollars of which shall be available during the sixty-third and sixty-fourth fiscal years for the use of said experiment station to be expended by the regents of the University of California in carrying out 24 STATE DEPARTMENT OF AGRICULTURE. Disposition of funds. the purposes of this act, and the state controller is hereby authorized and directed to draw his warrant for the same, and the state treasurer is hereby directed to pay such warrant. SEC. 8. All money appropriated under this act, and all money received for the sale of said serums or vaccines as pro- vided for in section three of this act, shall be paid to the regents of the University of California, and shall be expended under the direction of the director of the agricultural experi- ment station of said university for the specific purposes herein named. Unlawful to sell dangerous serum. Must be prepared under direction of University of California. Director authorized to inspect serum. LICENSING OF PREPARATION OF HOG CHOLERA SERUMS. An act prohibiting the preparation, sale, barter, shipment or exchange of any worthless, contaminated, dangerous or harmful hog cholera serums or virus; requiring every establishment for the preparation of hog cholera serum, virus, vaccine or antitoxin to be inspected and licensed by the director of the agricultural experiment station of the University of California; and providing penalties for viola- tion of any of the provisions hereof. (Approved June 1, 1915; Stats. 1915, p. 1064.) SECTION 1. It shall be unlawful for any person, firm or corporation to prepare, sell, barter, ship or exchange in this state any worthless, contaminated, dangerous or harmful hog cholera serum, virus, vaccine or antitoxin. SEC. 2. It shall be unlawful for any person, firm or corpo- ration to prepare, sell, barter, ship or exchange in this state any hog cholera serum, virus, vacccine or antitoxin unless and until the said serum, virus, vaccine or antitoxin shall have been prepared under and in compliance with the regulations prescribed by the director of the agricultural experiment station of the University of California, hereinafter referred to as director, at an establishment holding, and operat- ing under, an unsuspended and unrevoked license issued by the director as herein authorized. SEC. 3. The director is hereby authorized to examine and inspect all hog cholera serum, virus, vaccine or antitoxin prepared, sold, bartered, shipped or exchanged in this state and to make and promulgate from time to time such rules and regu- lations as may be necessary to prevent the preparation, sale, barter, shipment or exchange of any worthless, contaminated, dangerous or harmful hog cholera serum, virus, vaccine or antitoxin and to issue, suspend and revoke licenses for the maintenance of establishments for the preparation of hog cholera serum, virus, vaccine or antitoxin. LAWS RELATING TO ANIMAL INDUSTRY. 25 SEC. 4. The licenses issued under the authority of this act Licenses for to establishments where hog cholera serums, viruses, vac- menfs lsh cines or antitoxins are prepared for sale, barter, shipment or exchange shall be issued on condition that the licensee shall permit the inspection of such establishment and of such prod- ucts and their preparation; and the director may suspend or revoke any permit or license issued under the authority of this act after opportunity for hearing has been granted the licen- see, when the director is satisfied that such license is being used to facilitate or effect the preparation, sale, barter, shipment or exchange of worthless, contaminated, dangerous or harmful hog cholera serum, virus, vaccine or antitoxin. SEC. 5. The director and each of his agents duly authorized Director may for the purpose may at any time enter and inspect any estab- lishment where any hog cholera serum, virus, vaccine or anti- toxin is prepared. SEC. 6. Neither this act nor any provision thereof, except construction when specifically so stated, shall apply or be construed to apply of to commerce with foreign nations or commerce among the several states of this union, except in so far as the same may be permitted under the provisions of the constitution of the United States and the acts of congress. SEC. 7. Any person, firm or corporation who shall violate Penalty. any provision of this act shall be deemed guilty of a mis- demeanor and shall be punished by a fine of not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. SEC. 8. For the purpose of carrying into effect this act License tax. the regents of the University of California are hereby author- ized to collect and there shall be paid to the regents of the University of California by every manufacturer, importer, agent or dealer in hog cholera serum, virus, vaccine or anti- toxin, a license tax of one mill for every cubic centimeter of serum, virus, vaccine or antitoxin sold or distributed, and each manufacturer or importer of any hog cholera serum, virus, vaccine or antitoxin shall file with the secretary of the board of regents of the University of the State of California, quar- terly, a sworn statement showing all sales of hog cholera serum, virus, vaccine or antitoxin for the preceding quarter, accom- panied by a corresponding amount of the license tax above specified; provided, however, that nothing herein shall prevent the sale or distribution of hog cholera serum, virus, vaccine or antitoxin produced in a laboratory holding a license issued by the United States department of agriculture to manufacture or import hog cholera serum, virus, vaccine or antitoxin. 26 STATE DEPARTMENT OF AGRICULTURE. Transporta- Mected animals. sale of food. Penalty. DISPOSITION OF DISEASED ANIMALS. An act to prevent the spread of contagious diseases among animals. (Approved March 20, 1905; Stats. 1905, p. 317.) SECTION 1. Any person having the care, custody or control dead animals, 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 common carrier of persons or freight that sha11 transport 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 necessary to transport such animal to the nearest crematory, shall be deemed guilty of a misdemeanor. SEC. 3. No animal that has died of any of the diseases Iiamecl in section one of this act, shall be sold, used or permitted to be used for the food of human beings or sold, used or per- mitted to be used for the food of any domestic animal or fowl. 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 fifty dollars and not more than five hundred dollars or by imprisonment in the county jail for a term not exceeding one hundred eighty days, or by both such fine and imprisonment. SEC. 5. This act shall take effect immediately. Penal Code. Deposit of 374. Every person who puts the carcass of any dead ?nrtrJS als animal, or the offal from any slaughter-pen, corral, or butcher rivers, etc. shop into any river, creek, pond, reservoir, stream, street, alley, public highway, 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 construc- tion and operation of which is satisfactory to the board of health of such city, town, or village; and every person 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 anj r 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 boundaries 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, mules, cattle, swine, sheep, or live stock of any kind, penned, corralled, or housed on, over, or on the borders of any stream, pond, lake, or reservoir, LAWS RELATING TO ANIMAL INDUSTRY. 27 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 misde- meanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven. 402. Any person who shall knowingly sell, or offer for using or 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 be guilty of a misdemeanor. 4026. Every animal having glanders or farcy shall at once Animals be deprived of life by the owner or person having charge S^SeS* thereof, upon discovery or knowledge of its condition ; and any to be killed - such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. 402d. Any person or persons, company or corporation, Diseased owning or having possession or control of any animal affected by any contagious or infectious disease, who shall fail to keep the same within an enclosure, or herd the same in some place 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 highway 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 conviction, punished by a fine of not more than five hundred dollars for each offense. 402e. Any practitioner of veterinary medicine in the State Report of of California who shall, upon gaining information thereof, fail to immediately report in writing to the state veterinarian the location, 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 bron- chitis, sheep scab, myeotic lymphangitis, aphthous fever, or Texas fever, shall be deemed guilty of a misdemeanor. INSPECTORS OF LIVESTOCK. Political Code. 4056a. The board [of supervisors] shall adopt orders and county to enact ordinances not in conflict with state or federal lawShStHf necessary for the preservation of the health of domestic live- livestock - stock, and shall provide for the payment of all expenses incurred in enforcing the same, which expenses shall be a county charge and payable in the same manner and out of the same funds as other county charges are paid. 4149. The livestock inspector shall be appointed by the Appoint- board of supervisors whenever in the discretion of such board ment ' 28 STATE DEPARTMENT OF AGRICULTURE. the interest of the public welfare demands the services of such an officer, and such officer shall hold his office at the pleasure of the appointing power. He shall receive a salary in the sum of one hundred and twenty-five dollars per month, which salary shall be paid at the same time and in the same manner and out of the same funds that other county officers are paid. Duties. 4149a. It shall be the duty of the livestock inspector, acting under the supervision of the state veterinarian, to enforce all laws of the State of California, and all orders and ordinances of the board of supervisors of his county pertaining to the health and sanitary surroundings of all livestock in his county, and for that purpose he is hereby authorized and empowered, by and with the approval of the board of super- visors, to establish, maintain, and enforce such quarantine, sanitary and other regulations as he may deem proper and necessary. He shall give to the duties of his office such time and attention as may be necessary to secure the general pro- tection and advancement of all matters pertaining to the health and sanitary condition of the domestic livestock of his county. DAIRY LAWS. PRODUCTION AND STANDARDIZATION OF DAIRY PRODUCTS. An act to prevent the manufacture or sale of dairy products from unhealthy animals, or that are produced under unsanitary conditions; to prevent deception or fraud in the production and sale of dairy products, and in the manu- facture and sale of renovated butter and oleomargarine; to license the manufacture and sale of renovated butter, and oleomargarine; to regulate the business of producing, buying and selling dairy products, oleomargarine, reno- vated or imitation butter and cheese; to provide for the enforcement of its provisions and for the punishment of violations thereof, and appropriating money therefor and to repeal section 17 of an act approved March 4, 1897, entitled "An act to prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement, and to appropriate money therefor/' and to repeal all acts and parts of acts inconsistent with this act* (Approved April 21, 1911. Amendments approved May 4, 1915 ; June 11, 1915; June 1, 1917; May 5, 1919; May 6, 1919. Stats. 1911, p. 959; 1915, pp. 332, 252, 1455 ; 1917, p. 1654 ; 1919, pp. 283, 297.) sale of SECTION 1. No person, firm or corporation, by themselves rank?" or their agents or employees, shall sell, expose for sale, or offer prohibited ^ or sa ^ 6 ' or ^8.11 exchange, present, or deliver to any creamery, cheese factory, milk condensing factory, or other buyer or *For list of dairy laws, which, though not expressly repealed, have been incorporated in or superseded by certain provisions of this act, see "Cali- fornia State Dairy Laws," issued by the Department of Agriculture, Division of Animal Industry. LAWS RELATING TO ANIMAL INDUSTRY. 29 consumer of milk or milk products, any unclean, unwholesome, stale, or impure milk, cream, butter or condensed or evaporated milk, or other article produced from such milk or cream, neither shall any person or persons, firm or corporation, by themselves or their agents or employees, sell, expose for sale, or offer for sale, or exchange, present or deliver to any consumer, cream- ery, cheese factory, milk condensing factory, or any other buyer or consumer, any milk, cream, butter, cheese, condensed milk or other products manufactured therefrom, which has been produced in or by a dairy, or factory of dairy products, or that is or has been handled in any store or depot, that is in an unsanitary condition, or that is produced from cows affected by any disease, or from cows/witlgnf five days after or fifteen days preceding parturition.^/^^^ SEC. la. Every person, firm or corporation, not a common Milk carrier, who receives from a common carrier in cans, bottles, vessels, or other containers, any milk, cream and ice cream intended for human consumption, which has been transported over any railroad, or boat or freight line, or by other common carrier, or auto truck, which said cans, bottles, vessels, or other containers, are to be returned to the consignor or shipper, shall cause the said empty cans, bottles, vessels, or other con- tainers, to be thoroughly cleansed and sterilized by boiling water or superheated steam before return shipment of the same; provided, further, that all empty cans, bottles, vessels, or other containers, delivered to the consumer by the retailer shall be thoroughly and immediately cleansed before returning the same to the dealer or distributor. (Added, Stats. 1917, p. 1657.) SEC. 2. A dairy shall be deemed unsanitary within the meaning of this act, among other causes that render milk, or products made therefrom, unclean, impure, and unhealthy, in the following cases : (a) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter. (6) If the yards or enclosures are filthy or unsanitary or if any part of such yards or enclosures, other than pastures, are made the depositories of manure in heaps or otherwise where it is allowed to ferment and decay. (c) If a suitable milk house or room is not provided and maintained, properly screened to exclude flies and insects, for the purpose of cooling, mixing, canning, and keeping the milk. Said milk house or room, shall not be located in or be a part of any residence, or dwelling house, or any barn or poultry house, and shall not be used for any other purpose whatsoever. (d) If any milk or cream shall be cooled, stored, mixed, canned, or kept in any room or place which is occupied by any person or persons as a sleeping or living apartment, or occupied by horses, cows, hogs or other animals, or fowls of any kind, and if the milk or cream shall not be cooled to as 30 STATE DEPARTMENT OP AGRICULTURE. low a temperature as practicable within one hour after it is drawn from the cows. (e) If any urinal, privy vault, open cesspool, horse stable, pig pen, stagnant water, accumulation of manure or other filth shall be permitted within one hundred feet of any such milk house or room or within fifty feet of any cow stalls or stanchions or other place where milking is done. (/) If the walls become soiled with manure, urine or other filth. (g) If to the interior of cattle stables, barns, milking sheds, milk house or room, an application of lime whitewash is not made at least once in two years, or oftener if in the judgment of the agent of the state dairy bureau it is needed, or if in the mangers, or other receptacles from which cows are fed, decaying food or other material is allowed to accumulate. (h) If the pails, cans, bottles or other containers of milk, or its products, or the strainers, coolers or other utensils coming in contact with the milk or its products, are not sterilized by boiling water or superheated steam each and every time the same are used. (*) If the person or wearing apparel of the dairyman, his employees, or other persons, who come in contact with milk and its products, are soiled or not washed from time to time with reasonable frequency. (As amended, Stats. 1917, p. 1655.) ^ EC ' ^' ^ creamery or any factory of dairy products, or any store, depot or other place where milk is handled or kept for sale, shall be deemed unsanitary under the meaning of this act, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, stale or of low grade or inferior quality, in the following cases: (a) If milk or cream is received that has reached an advanced stage of fermentation, or that shows a state of putre- factive fermentation, or if it is received in cans or other con- tainers that have not been sterilized by means of boiling water or superheated steam after each delivery. (6) If the utensils and apparatus that come in contact with milk or its products in the process of manufacture are not thoroughly washed and sterilized by means of boiling water or superheated steam, after each using. (c) If the floor is so constructed as to permit the flowing or soaking of water, milk or other liquids underneath or among the interstices of such floor, where fermentation and decay may take place, or if such floor may not be readily kept free from dirt. (d) If drains are not provided that will convey refuse milk, water and sewage away to a point at least fifty yards distant from such creamery or factory of dairy products, or if any cess- pool, privy vault, hog yard, slaughter house, manure or any decaying vegetables or animal matter, shall be within a dis- tance that will permit foul odors to reach any such creamery LAWS RELATING TO ANIMAL INDUSTRY. 31 or other factory of dairy products or store or depot where milk or its products are sold or handled. (e) If such creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventila- tion. (/) If in any building or buildings used in connection with any creamery, or factory of dairy products, any insects or other species of animal life are permitted, or if upon the floor, the sides or the walls, any milk or its products, or any other filth is allowed to accumulate, or ferment, or decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any milk or its products, in any creamery, or factory of any dairy products, shall be unclean and not washed from time to time with reasonable frequency. SEC. 4. No person, firm or corporation shall hereafter sell, L wfM offer for sale, or receive for the purpose of sale, any milk, skim Measure. milk or cream, except such sale, offer, or receipt, shall, as to quantity, be based upon the liquid gallon, containing two hun- dred and thirty-one cubic inches, or the liquid quart contain- ing fifty-seven and seventy-five one hundredths cubic inches, or the proper and complete liquid subdivision thereof; pro- vided, that nothing in this act shall be construed as prohibiting the buying or selling of milk or cream either by weight or on the basis of its butter fat contents ; and provided, further,, that in any hotel, restaurant, or other eating place, where milk is sold with meals, or where it is sold to be drunk immediately, it may be sold by the glass. SEC. 5. No person, firm or corporation shall sell, exchange, Pasteurized or offer or expose, or have in its possession for sale or exchange, Sust et< any milk, cream, skim milk, ice cream, butter, buttermilk, cheese or other milk products, as and for pasteurized milk, 6f this act. cream, skim milk, ice cream, butter, buttermilk, cheese or other milk product, as the case may be, nor use the word "pas- teurized" or any of its derivatives in connection with the sale, designation, advertising, labeling, or billing of any milk, cream, skim milk, ice cream, butter, buttermilk, cheese or other milk products, unless the same and all products of milk contained therein or used in the manufacture thereof consist exclusively of milk, skim milk or cream which has been treated by the process of pasteurization, as defined and regulated in sub- division fifteen, section twenty-nine, of this act. It shall be Butter must unlawful for any person, firm or corporation to sell, offer for ^rmsof" sale, or to cause or permit to be sold or offered for sale, any pounds - butter in prints or packages or otherwise other than by or in terms of pounds and ounces, avoirdupois, or for a greater weight than the true net weight thereof. (As amended, Stats. 1915, p. 332.) SEC. 6. Every person, firm or corporation operating any Registration dairy, where more than four cows are milked, and every cream- of ery, cheese factory, receiving station, skimming station, ice cream or ice milk manufacturer, or milk condensary, shall on 32 STATE DEPARTMENT OF AGRICULTURE. Annual Producer of on wrapper. or before the first day of November of each year, cause to be registered with the secretary of the state dairy bureau* a state- ment showing the full name and address of such person, firm or corporation so operating the same, and also the full name and address of the owner or owners of the business so being operated, in case the person operating the same is not the owner, together with a statement of the class of such business carried on by such person or corporation, and the number of cows then being milked, in case of a dairy. SEC. 7. The secretary of the state dairy bureau* shall pro- vide blanks for reporting dairy statistics, and he shall annu- ally, on or before the first day of October each year, cause to be mailed to each person, firm or corporation engaged in operating any dairy making butter or cheese from more than four cows, and to all dairies where more than four cows are milked, and to all creameries, cheese factories, ice cream or ice milk manu- facturers, and milk condensaries, one or more of such blanks, and each such person, firm or corporation shall, on or before the first day of November following, make out and transmit to said secretary of the state dairy bureau a full and accurate report of the amount of butter, .cheese or other dairy products, manufactured or produced during the year ending September thirtieth, and the dairies shall report the number of cows milked during said year. SEC. 8. In case any butter is sold, or offered for sale, in a package or wrapper purporting to designate the producer of suc j 1 footer, such producer must be correctly designated. In case any butter is sold, or offered for sale, in a package or wrapper, or under a label purporting or calculating to desig- nate the place of production, such package, wrapper, or label must correctly name the place where made ; or if such pack- age, wrapper or label bears the name of any county, city and county, city or town in this state or any other geographical designation, such package, wrapper, or label must also cor- rectly name the pla.ce where made. No person, firm or corpora- tion shall put up in package or wrapper, or otherwise prepare for shipment or sale, any butter under a label purporting to designate the producer, place of production, or bearing the name of any county, city and county, city or town of this state, or any other geographical designation, except in accordance with the provisions hereof; nor shall any person, firm or cor- poration sell or offer for sale any butter in a package, wrapper, or under a label purporting to designate the name of the pro- ducer or the place of production or bearing the name of any county, city and county, city or town of this state or geograph- ical designation, except in accordance with the provisions *By section 8 of the Act of 1919, creating a Department of Agriculture (see page 9 hereof), the duties and powers of the State Dairy Bureau were transferred to this department. Upon the organization of the depart- ment, these duties were assigned to the Division of Animal Industry. "State Dairy Bureau" should be read therefore, "Department of Agri- culture, Division of Animal Industry." LAWS RELATING TO ANIMAL INDUSTRY. 33 hereof. (As amended, Stats. 1915, p. 352; in effect Janu- ary 1, 1916.) SEC. 9. For the purposes of this act certain manufactured substances, certain extracts, and certain mixtures and com- pounds, including such mixtures and compounds with butter, milk or cream, shall be known and designated as "oleomar- garine," namely: All substances heretofore known as oleo- margarine, oleo, oleomargarine-oil, butterine, lardine, suine, and neutral ; all mixtures and compounds of oleomargine, oleo, oleomargarine-oil, butterine, lardine, suine and neutral; all lard extracts and tallow extracts; and all mixtures and com- pounds of tallow, beef-fat, suet, lard, lard-oil, cocoanut-oil, peanut-oil, intestinal fat, and offal-fat made in imitation or semblance of butter, or when so made, calculated or intended to be sold as butter or for butter; or butter substitute; and for the purposes of this act, every article, substance, or com- pound, other than that produced from pure milk, or cream from the same, made in semblance of cheese, and designed to be used as a substitute for cheese made from pure milk or cream, is hereby declared to be imitation cheese ; provided, that the use of salt, rennet, and harmless coloring matter for color- ing the product of pure milk or cream, shall not be construed to render such product an imitation; and provided, that nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese. (As amended, Stats. 1919, p. 297.) SEC. 10. No person, by himself or his agents or servants, |jjj| $ shall render, manufacture, sell, offer for sale, expose for sale, butter or have in his possession with intent to sell or to use or to serve P rohiblte(1 - to patrons, guests, boarders, or inmates in any hotel, eating house, restaurant, public conveyance or boarding house, or public or private hospital, asylum, or eleemosynary or penal institution, any article, product or compound made wholly or partly out of any fat, oil, or oleaginous substance or compound thereof, not produced directly and at the time of manufacture from unadulterated milk or cream from the same, which article, product, or compound shall be colored in imitation of butter or cheese produced from unadulterated milk or cream, or be made to resemble yellow butter in color, by whatever means the coloring is accomplished ; provided, that nothing in this section shall be construed to prohibit the manufacture or sale, under the regulations hereinafter provided, of substances or compounds, designed to be used as an imitation, or as a substitute for butter or cheese made from pure milk or cream from the same, in a separate and distinct form not resembling butter or cheese, and in such a manner as will advise the pur- chaser and consumer of its real character, free from colora- tion or ingredients that cause it to look like butter or cheese made from pure milk or cream, the product of the dairy. 3-49649 34 STATE DEPARTMENT OF AGRICULTURE. Branding of oleo- margarine. Absence of markings. Shipping of oleomar- garine. Marking of oleomargarine SEC. 11. Each person, who, by himself or another, lawfully manufactures any oleomargarine, or any substance designed to be used as a substitute for butter or cheese, shall mark the same by branding, stamping, or stenciling upon the top and sides of each tub, firkin, box, or other package in which such article or substance shall be kept, and in which it shall be removed from the place where it is produced or put up, in a clear and durable manner, in the. English language, the words "oleo- margarine," or "substitute for butter," or "substitute for cheese," as the case may be, in printed letters in plain roman type, each of which shall not be less than one inch in height by one-half inch in width, and in addition to the above shall prepare a statement, printed in plain roman type, of a size not smaller than pica, stating in the English language its name, and the name and address of the manufacturer, the name of the place where manufactured or put up, and also the names and actual percentages of the various ingredients used in the manufacture of such oleomargarine, imitation butter or imita- tion cheese; and shall place a copy of said statement within and upon the contents of each tub, firkin, box, of other package, and next to that portion of each tub, firkin, box or other package, as is commonly and most conveniently opened, and shall label the top and sides of each tub, firkin, box, or other package by affixing thereto a copy of said statement, in such manner, however, as not to cover the whole or any part of said mark of "oleomargarine," "substitute for butter," or "substi- tute for cheese." The absence of the markings and labelings specified in section 11 hereof shall always be construed as a representation that the contents of substance in question is butter, or cheese, as the case may be. SEC. 12. No person, by himself or another, shall knowingly ship, consign, or forward by any common carrier, whether public or private, any oleomargarine, or any substance designed to be used as a substitute for butter or cheese, unless the same be marked and contain a copy of the statement, and be labeled as provided by section eleven of this act ; and no carrier shall knowingly receive the same for the purpose of forwarding or transporting, unless it shall be manufactured, marked, and labeled as hereinbefore provided, and unless it is consigned and by the carrier receipted for by its true name ; provided, that this act shall not apply to any goods in transit between foreign states across the State of California. SEC. 13. No person or his agent shall knowingly have in his possession or under his control any oleomargarine, or any substance designed to be used as a substitute for butter or cheese, unless the tub, firkin, box or other package containing the same, shall be clearly and durably marked and labeled as provided by section eleven of this act, and also contain a copy of the statement required by said section eleven of this act ; and if the tub, firkin, box, or other package be opened, then a copy of the statement described in said section eleven of this LAWS RELATING TO ANIMAL INDUSTRY. 35 act shall be kept with its face up, upon the exposed contents of said tub, firkin, box, or other package; provided, that this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of them- selves or family, and for no other purpose. SEC. 14. No person, by himself or another, shall sell, or sale of offer for sale, or take orders for the future delivery of any oleomargarine, or any substance designed to be used as a sub- stitute for butter or cheese, under the name of butter, or under the pretense that the same is butter or cheese ; and no person, by himself or another, shall sell any substance designed to be used as a substitute for butter or cheese, unless he shall inform the purchaser distinctly, at the time of the sale, of its true name and character, and that the same is a substitute for butter or cheese, as the case may be, and shall deliver to the purchaser, at the time of the sale, a separate and distinct copy of the statement described in section eleven of this act; and no person shall use in any way in connection or association with the sale, or exposure for sale, or advertisement of any oleomar- garine or any substance designed to be used as a substitute for butter or cheese, the words "butterine," "creamery," or 1 ' dairy, ' ' or the representation of a cow or any breed of dairy cattle, or any combination of such words and representations, or .any other words or symbols, or combinations thereof, com- monly used by the dairy industry in the sale of butter or cheese. SEC. 15. No keeper or proprietor of any bakery, hotel, Notice by- boarding-house, restaurant, saloon, lunch counter, or other keepers, place of public entertainment, and no person having charge thereof or employed thereat, and no person furnishing board, for others than members of his own family, and no employee where such board is furnished as the compensation or as a part of the compensation of any employee, shall place before any patron or employee, for use as food, any oleomargarine, or any substance designed to be used as a substitute for butter or cheese, unless the same be accompanied by a copy of the state- ment described in section eleven of this act, and by a verbal notification to said patron that such substance is a substitute for butter or cheese. SEC. 16. No action can be maintained on account of any Maintaining .sale or other contract made in violation of, or with intent to contract" violate, this act, by or through any person, who was knowingly a party to such wrongful sale or other contract. Every person having possession or control of any oleomar- garine, or any substance designed to be used as a substitute for butter or cheese, which is not marked as required by the pro- visions of this act shall be presumed to have known, during the time of such possession or control, that the same was imitation butter, or imitation cheese, as the case may be. SEC. 17. No person shall efface, erase, cancel, or remove any mark, statement, or label required by this act, with intent 36 STATE DEPARTMENT OF AGRICULTURE. Butter used institutions? oieomar- warrant to take samples. Eac J be marked, Renovated defined. to mislead, deceive, or with intent to violate any of the pro- visions of this act. SEC. 18. No butter or cheese not made wholly from pure niilk or cream, salt, and harmless coloring matter, shall be used in any of the charitable or penal institutions that receive assistance from the state. ^ EC ' ^' Whoever shall have possession or control of any imitation butter or imitation cheese or any oleomargarine, or any substance designed to be used as a substitute for butter or cheese, or any renovated butter, contrary to the provisions of this act, shall be construed to have possession of property with intent to use it as a means of committing a public offense, within the meaning of chapter three, of title twelve, or part two, of an act to establish a penal code ; provided, that it shall ^ e ^ e duty of the officer who serves a bench warrant issued for imitation butter or imitation cheese, or oleomargarine, or anv su |3 S t ance designed to be used as a substitute for butter or cheese, or any renovated butter, to deliver to the agent or inspector of the state dairy bureau,* or to any person by such dairy bureau authorized in writing to receive the same, a per- fect sample of each article seized by virtue of such warrant, for the purpose of having the same analyzed, and forthwith to return to the person from whom it was taken the remainder of each article seized as aforesaid. If any sample be found to be imitation butter or imitation cheese, or oleomargarine, or a substance designed to be used as a substitute for butter or cheese, or renovated butter, it shall be returned to and retained by the magistrate as and for the purpose contemplated by section fifteen hundred and thirty-six of an act to establish a penal code; but if any sample be. found not to be imitation butter or imitation cheese, or oleomargarine, and not a sub- stance designed to be used as a substitute for butter or cheese, or renovated butter, it shall be returned forthwith to the person from whom it was taken. SEC. 20. No person, firm or corporation, by themselves or their agents or employees, shall sell, offer for sale, or expose for sale, or have in his, its, or their possession for sale, any oleomargarine or any renovated butter, unless the same shall have printed upon each and every package, roll, print, square, and upon any container of such renovated butter, or oleomar- garine, the words "renovated butter," or the word "oleomar- garine," as the case may be, in letters not less than one-half inch in height, and who shall not have secured from the state dairy bureau, now existing under the laws of this state, a license as provided hereinafter. SEC. 21. The term renovated butter as used in this act is hereby denned to mean and include butter that has been reduced to a liquid state by melting and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product thereof. *See note, page 32 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 37 SEC. 22. No person, firm or corporation, shall engage in the License to business or occupation of manufacturing, selling, dealing in, or furnishing renovated butter, oleomargarine, or any substance designed to be used as a substitute for butter, without first having applied for and obtained a license so to do, as herein- after provided. Any person, firm or corporation, desiring to Ap pii cation engage in the business or occupation of manufacturing, selling, for license, dealing in or furnishing to his, its or their patrons, oleomar- garine, or any substance designed to be used as a substitute for butter, or imitation butter, or adulterated butter, or reno- vated butter, as in this act defined, shall first make applica- tion each year to the state dairy bureau* for a license and upon payment of a license fee of the amount mentioned herein, to the state dairy bureau, said bureau shall issue to the applicant a license. All such licenses shall contain the following proviso : provided, that this license does not authorize the holder thereof to manufacture, sell, deal in or furnish any oleomargarine, or similar substances designed to be used as a substitute for butter, which contain any coloring matter or which resemble yellow butter in appearance. All said licenses shall expire on June 30th of each year, and may be issued in periods of one 3 T ear, or less than one year, upon payment of a proportionate part of the license fee. The fees for issuing said licenses are hereby fixed at the amounts below named, annually. The fee Pees for issuing said license to manufacturers of any of said sub- stances within this state shall be one hundred dollars, and if issued to wholesale dealers in, or importers or agents for importers of any of said substances the fee shall be fifty dollars, and if issued to retail dealers in any of said substances the fee shall be five dollars, and if issued to the keeper of any hotel, restaurant, boarding-house or other place where meals are served and payment is received therefor, either immediately or by the day, week or month, the fee shall be two dollars. The term wholesale dealer as used in this section twenty-two hereof includes all persons, firms or corporations, who sell any of said substances in quantities of ten pounds or more at a time or in the same transaction. The term retail dealer includes all persons who sell only in quantities of less than ten pounds. All licenses, while in force, shall be kept conspicuously dis- Display of played in the place of business of the party or parties to whom ll( they have been issued. It shall be unlawful for any person, firm or corporation, to manufacture, buy, sell, deal in, or furnish to his, its or their iSt patrons, or to have in possession, for any purpose whatsoever license - other than for consumption in his own family, or for trans- portation in case of a boat or railroad company, or for the purpose of storage in case of a warehouse or cold storage com- pany, any oleomargarine, or similar substance designed to be used as a substitute for butter, or any substance resembling butter, but not made wholly from pure milk or cream, or any *See note, page 32 hereof. 38 STATE DEPARTMENT OF AGRICULTURE. Disposition of fees. Records of sales, etc. Records open to inspection. Failure to keep records. Weighing and sampling milk. imitation butter, or adulterated butter, or renovated butter, as in this act defined, without first having applied for and obtained from the state dairy bureau of the State of California the license herein required. SEC. 23. All license fees paid to the state dairy bureau* under this act shall be paid by said bureau into the state treasury, and shall be added to the appropriation made for the same fiscal year for the state dairy bureau, and its expenditure shall be at the disposal of said -bureau for its use. SEC. 24. Every person, firm or corporation, who is required by the provisions of section twenty-two hereof to obtain and hold a manufacturer's or a wholesaler's or importer's license shall keep a correct record in a form separate from all other business, in which every sale and purchase of renovated butter, imitation butter, oleomargarine, or. any substitute for butter or substance designed to be used as a substitute for butter, or resembling butter, which substance is not made wholly from pure milk or cream, or any imitation cheese or imitation dairy products of any kind, shall be recorded at the time of the transaction, giving in detail the quantity sold or purchased, the name and location of the buyer or seller, the date, and the place to which it was shipped or delivered, and by whom the order or sale was put up and delivered. Every warehouse, cold storage company, boat, railroad or other transportation company shall keep a correct record of all oleomargarine, imi- tation butter, renovated butter, substitute for butter, imitation cheese, or other imitation dairy products, which at any time may be in their possession, or which may be transported or stored by them, showing the owner, the quantity and kind of goods, the date when stored, and when removed, in case of warehouses and cold storage companies, and showing the char- acter of goods billed, the quantity, the name and address of consignor and consignee, and the date of transportation, in case of boats and railroad companies. All said records herein required to be kept shall, at all times during business hours, be open to the inspection of the agents and inspectors of the state dairy bureau* and of any officer of any city or county board of health, and of any peace officer of any city or any county of the state. A failure to keep any of the records herein required to be kept or to permit the inspection of such records, by any inspector or agent of the state dairy bureau, or of any city or county board of health, or by any peace officer of any city or county, as herein required, is hereby declared to be a misdemeanor, and punishable as provided herein. SEC. 25. It shall be unlawful for any hauler of milk, or cream, or any person, firm or corporation receiving or purchas- ing milk or cream by weight or test or both, or by measure or test or both, to fraudulently manipulate the weight, measure or test of milk or cream of any person or to take unfair sam- *See note, page 32 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 39 pies thereof, or to fraudulently manipulate such samples. The hauler or other agent shall weigh or measure the milk or cream of each patron accurately and correctly and shall report such weights or measurements accurately and correctly to the creamery or factory. He shall thoroughly mix the milk or cream of each patron by pouring or stirring until such milk or cream is uniform and homogeneous in richness, before the sample is taken from such milk or cream. When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply. It shall be unlawful for any person, firm or corporation, Testin s milk - by himself or as the agent, servant, employee or officer of any person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butter fat contained therein, to under-read, over-read or otherwise fraudulently manipulate the Babcock test used for determining the per cent of butter fat in milk or cream, or to falsify the records thereof cr to read the test at any other temperature than the correct one, which is one hundred thirty degrees to one hun- dred forty degrees Fahrenheit, or to pay on the basis of any measurement or weight except the true measurement or weight which is seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen grams for cream ; provided, that in all tests for cream the cream shall be weighed into the test bottle. All testing of milk or cream purchased on the basis Licensed of the amount of butter fat contained therein, shall be done tei by a licensed tester who shall supervise and be responsible for the operation of the Babcock test of milk or cream. The license shall be issued to such person by the state dairy bureau* whose duty it shall be to examine into the qualifica- tions of all applicants for such license, and every such appli- cant shall satisfy said bureau of his qualifications and comply with the provisions herein before any license shall be issued to him. Every creamery, shipping station, milk factory, cheese ce P se ? factory, ice cream factory, condensory, or any person, firm or corporation receiving or purchasing milk or cream on the basis of butter fat contained therein, shall be required to hold a license so to do. The license shall be issued to such cream- ery, shipping station, milk factory, condensory, ice cream factory, cheese factory, or person, firm or corporation by the state dairy bureau upon complying with all sanitary laws, rules and regulations of the State of California and upon complying with the provisions of this act and upon payment of a license fee as provided for in this section. All licenses required herein shall expire on the thirty-first day of December of each year and the fee for issuing same year. shall be one dollar for a full year or twenty-five cents for each remaining quarter or fraction thereof. The licenses may be revoked by the state dairy bureau if, after due notice, the *See note, page 32 hereof. STATE DEPARTMENT OF AGRICULTURE. License fees to be paid into state treasury. Inspection of Babcock test bottles. Specifications for standard Babcock testing glassware. licensee fails or has failed to comply with the laws, rules, and regulations under which the license was granted; pro- vided, that the provisions of this section shall not apply to individuals, hotels, restaurants, or boarding houses buying milk or cream for private use. The money for license fees as provided for in this section shall be paid by the state dairy bureau into the state treasury and shall become a ^art of the funds for the use of the state dairy bureau. (As amended. Stats. 1919, p. 298.) SEC. 26. Every person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butter fat contained therein as determined by the Babcock test, shall use the standard Babcock test bottles, pipettes and accurate weights and scales as defined in this act, and all Babcock test bottles and pipettes shall have been inspected for accuracy by the state dairy bureau* or its agent and shall be legibly and indelibly marked by the state dairy bureau or its agent with the letters "D. B." It shall be unlawful for any firm or corporation or any of their agents to use any other than standard test bottles and pipettes which have been examined and marked as provided by this section, to determine the amount of fat in milk or cream received or purchased on the butter fat basis. For all testing of glassware by the said state dairy bureau or its agent, a fee of five cents shall be paid by the owner of said glassware to the state dairy bureau for every piece of glassware so examined, and said fee shall be used by the state dairy bureau to defray the cost of testing such glassware. (Added, Stats. 1917, p. 1659.) SEC. 27. The term "standard Babcock testing glassware" shall apply to glassware and weights complying to the follow- ing specifications: (a) Graduation for milk test bottles. The total per cent graduation shall be eight. The graduated por- tion of the neck shall have a length of not less than sixty-three and five-tenths millimeters (two and one-half inches) and the graduation shall represent whole per cent, five-tenths per cent, and tenths per cent. The tenths per cent graduation shall not be less than three millimeters in length ; the five-tenths per cent graduations shall be one millimeter longer than the tenths per cent graduations, projecting one millimeter to the left; the whole per cent graduations shall extend at least one-half way around the neck to the right and projecting two millimeters to the left of the tenths per cent graduations. Each per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per cent. The neck shall be cylindrical and the cylindrical shape shall extend for at least nine millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters. *See note, page 32 hereof. LAWS RELATING TO ANIMAL INDUSTRY. The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty- four and thirty-six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters, and the maximum diameter between thirty-five and thirty-seven millimeters. The charge of the bottle shall be eighteen grams. The total height of the bottom shall be between one hundred fifty and one hun- dred sixty-five millimeters (five and seven-eighths and six and one-half inches) . (&) Two types of bottles shall be accepted as standard cream test bottles, a fifty per cent nine gram long-neck bottle, and a fifty per cent eighteen gram long-neck bottle. Fifty per cent, nine gram, long-neck bottle: Graduation The total per cent graduation shall be fifty. The graduated portion of the neck shall have a length of not less than one hundred twenty millimeters (four and three-quarters inches). The graduation shall represent five per cent, one per cent and five-tenths per cent. The five per cent graduations shall extend at least half way around the neck (to the right). The five- tenths per cent graduations shall be at least three millimeters in length and the one per cent graduations shall have a length intermediate between the five per cent and the five-tenths per cent graduations. Each five per cent graduation shall be numbered, the number being placed on the left of the scale. Neck The neck shall be cylindrical and of uniform internal diameter throughout. The cylindrical part of the neck shall extend at least five millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters. Bulb The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical the outside diameter shall be between thirty-four and thirty-six milli- meters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters and the maxi- mum diameter between thirty-five and thirty-seven millimeters. The charge of the bottle shall be nine grams. All bottles shall bear on top of the neck above the graduations, in plain legible characters, a mark defining the weight of the charge to be used (9 grams). The total height of the bottle shall be two hundred ten to two hundred thirty-five millimeters (eight and one-fourth to nine and one-quarter inches) and the maximum error in the total graduation or in any part thereof shall not exceed fifty per cent of the volume of the smallest unit of the gradua- tion. 42 STATE DEPARTMENT OF AGRICULTURE. Speed of tester. Adulterated milk. "Product of milk." The fifty per cent, eighteen gram, long-neck bottle. The same specifications in every detail as specified for the fifty per cent, nine gram, long-neck bottle, shall apply, with the excep- tion that the charge of the bottle shall be eighteen grams, and the mark defining the weight of the charge placed at the top of the neck shall be eighteen. The total length of the standard Babcock pipette shall be not more than three hundred thirty millimeters (thirteen and one-fourth inches). Outside diameter of suction tube, six to eight millimeters. Length of suction tube, one hundred thirty millimeters. Outside diameter of delivery tube four and five- tenths to five and five-tenths millimeters. The length of deliv- ery tube one hundred to one hundred twenty millimeters. Distance of graduation mark above bulb, thirty to sixty milli- meters. Nozzle straight. Delivery seventeen and six-tenths cubic centimeters of water at twenty degrees centigrade in five to eight seconds. The sensibility of all scales used for weighing cream samples into the test bottles shall be not more than thirty milligrams and the standard weights shall be nine grams and eighteen grams. In all testing of milk or cream where the same is received or purchased upon the basis of the amount of butter fat con- tained therein, the Babcock tester shall be operated at the proper speed, which is as follows : For tester with diameter of fourteen inches the speed shall be between eight hundred twenty-five and nine hundred seventy-five revolutions per minute. For tester with diameter of sixteen inches, the speed shall be between eight hundred twenty-five and eight hundred seventy- five revolutions per minute. For tester with diameter of eighteen inches, the speed shall be between seven hundred seventy-five and eight hundred twenty- five revolutions per minute. For tester with diameter of twenty inches, the speed shall be between seven hundred twenty-five and seven hundred seventy- five revolutions per minute. For tester with a diameter of twenty-four inches, the speed shall be between five hundred seventy-five and six hundred twenty-five revolutions per minute. (As amended, Stats. 1919, p. 300.) SEC. 28. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell or offer for sale, or have on hand for sale, any milk, including condensed or evap- orated milk, or any product of milk, that is adulterated within the meaning of this act. The words "product of milk" as used in this act, shall not apply to any product into which milk, or a product of milk, may enter as an ingredient or com- ponent of a food product that does not consist of milk, or milk product's alone, such as pastry, and confectionery; provided, that this section shall not be construed to prevent the use of LAWS RELATING TO ANIMAL INDUSTRY. 43 common salt (chloride of sodium) in dairy products. Any Labels to label, printed matter, or advertising or descriptive matter co appearing upon, or in connection with any package, parcel or quantity of milk or milk products when being sold, offered for sale, or having on hand for sale, and having reference to the article being sold, offered for sale, or on hand for sale, shall conform to the provisions of this act, and if it fails to conform to the provisions of this act, such article shall be deemed adulterated within the meaning of this act. It shall be unlaw- ful for any person under this act, when selling, or offering for sale, or having on hand for sale, milk or any product of milk to use the words "milk," "condensed milk," "sweetened con- densed milk," "skim milk," "condensed skimmed milk," "evaporated cream," "cream," "butter," "cheese," "butter- milk, " "ice cream, " or "ice milk, ' ' either verbally, or printed or written on any label or printed matter, in connection with the sale, or offering for sale, or having on hand for sale, of milk or any product of milk, or upon any bill of fare used in any hotel, restaurant or other places where meals are served, when the article shall not conform to the standards and pro- visions of section twenty-nine of this act. SEC. 29. Milk and the products of milk enumerated in this Definitions section shall be deemed adulterated within the meaning of this standards. act if it or they shall not conform to the following definitions and standards : (1) Milk is the fresh, clean, lacteal secretion all parts of Milk, which within forty-eight hours, if raw, and within sixty hours, if pasteurized, last prior to its delivery to the consumer or purchaser shall have been obtained from the udder by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and five days after calving, and contains not less than three per cent of milk fat, and not less than eight and five-tenths per cent of solids not fat. (2) Skim milk is milk from which a part or all of the skim milk, cream has been removed and contains not less than eight and eight-tenths per cent of milk solids. (3) Condensed milk or evaporated milk, is milk from which J^ 1 n k densed a considerable portion of water has been evaporated. The standard of purity of condensed milk and evaporated milk shall be that proclaimed and established by the secretary of the United States department of agriculture. (4) Condensed skim milk is skim milk from which a consider- able portion of water has been evaporated, and contains not less than eighteen per cent of milk solids. (5) Cream is that portion of milk, rich in milk fat which Cream - rises to the surface of milk on standing, or is separated from it by centrifugal force, is fresh and clean and contains not less than eighteen per cent of milk fat. (6) Evaporated cream, or clotted cream, is cream from which a considerable portion of water has been evaporated. 44 STATE DEPARTMENT OF AGRICULTURE. Milk fat. Butter. Cheese. Buttermilk. Ice cream. Fruit ice cream. Nut ice cream. Ice milk. Pasteuriza- tion. (7) Milk fat, or butter fat, is the fat of milk and has a Reicbert-Meissel number not less than twenty-four and a specific gravity not less than .905 (40 degrees C.) (8) Butter is the clean, nonrancid product made by gather- ing in any manner the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt, and a harmless coloring, and contains not less than eighty per cent of milk fat. (9) Cheese is the sound, solid, and ripened product made from milk or cream, by coagulating the casein thereof with rennet or lactic acid, with or without the addition of ripening ferments and seasoning, and with or without salt and harmless coloring matter. All cheese marked "full cream cheese/' or "full milk cheese," must contain in the water-free substance, not less than fifty per cent of milk fat. All cheese marked "half skim cheese," must contain in the water-free substance not less than twenty-five per cent of milk fat. All cheese not plainly marked or branded as to its quality must contain in the water-free substance nocore J core Equipment Per- fect Allowed Methods Per- fect Allowed COWS. Heilth 6 COWS. Clean 8 Apparently in good health 1 If tested with tuberculin within a year and no tu- berculosis is found, or if tst Q d within six months (Free from visible dirt, 6.) STABLES. Cleanliness of stables 6 and all racting animals Floor 2 removed 5 Walls 1 If testd within a year and Ceiling and ledges 1 reacting animals are found Mangers and partitions. 1 and r c moved 3 Windows 1 Food (clean and wholesome) 1 Stable air at milking time 5 Watr (''lean an-d frsh) 1 Fre p dom from dust 3 Freedom from odors 2 STABLES Cleanliness of bedding 1 2 Barnyard 2 Wll draind 1 Clean 1 Free from contaminating sur- Well drained 1 roundings _ 1 Removal of manure daily to 50 Construction of stable 4 feet from stable 2 Tight, sound floor, and proper guttr _ 2 Smooth, tight walls and ceil- MILK ROOM OR MILK HOUSE. Clanlinss of milk room 3 Proper stall, tie, and manger 1 Provisions for light: Foursquare feet* of glass pr cow 4 UTENSILS AND MILKING. (Three square feet of glass or four square fet of opening Cars and cleanliness of utensils Thoroughly washed 2 8 3; two square feet of glass or three square feet of opening, Sterilized in steam for 15 minutes 3 2; one square foot of glass, 1. Deduct for uneven distribu- tion.) Bdding, or cl c an pasture for bd 1 (Placed over steam jet, or scalded with boiling water, 2.) Protected from contamina- tion 3 Ventilation 7 Cleanliness of milking 9 Ventilators in roof 2 Clean, dry hands 3 Windows hinged at bottom. 2 (Sliding windows, 1.5; other openings, 1.) Cubic feet of space per cow, 500 feet 3 Udders washed and wiped 6 (Udders cleaned with moist cloth, 4; cleaned with dry cloth, or brush at least 15 minutes before milking 1 ) (Less than 500 feet, 2; less than 400 feet, l; less than 300 feet, 0.) UTENSILS. HANDLING THE MILK. Cleanliness of attendants in milk room 2 Construction and condition of utensils _ 1 Milk removed immediately from stable without pouring from Water for cleaning 1 pail 2 (Clean, convenient and abun- dant.) Cooled immediately after milking each cow _ 2 Small-top milking pail- 5 Coold blow 50 F 5 Milk cooler 1 (51 to N3 4' 56 to W 2 ) Clean milking suits 1 Stored below 50 F 3 MILK BOOM OR MILK HOUSE. (51 to 55, 2; 56 to 60, 1.) Transportation below 50 F. 2 Location: Free from contaminat- ing surroundings 1 (51 to 55, 1.5; 56 to 60, 1.) (If delivered twic a day, allow Construction of milk room 2 prf ct score for .storage and Floor, walls and ceiling 1 Light, ventilation, screens- 1 Separate rooms for washing utensils and handling milk 1 transportation.) Facilities for steam 1 (Hot water, 0.5.) Total 10 Total 60 Equipment+Methods=Final Score. NOTE 1. If any exceptionally filthy condition is found, particularly dirty utensils, the total score may be further limited. NOTE 2. If the water is exposed to dangerous contamination, or there is evidence of the presence of a dangerous disease in animals or attendants, the score shall be 0. 64 STATE DEPARTMENT OF AGRICULTURE. stats. 1915, SEC. 15. The purpose of this act is to amend and super- repealed! sede an act entitled "An act to prevent the sale of impure and unwholesome milk, to grade milk, to provide rules and regula- tions therefor, and to empower cities, groups of cities, counties and groups of counties, or cities and counties, to establish inspection service ; to provide for the enforcement of this act ; to prescribe penalties for violation of the provisions hereof; and to make an appropriation therefor," which is hereby repealed. CERTIFIED MILK. x An act to regulate the production of certified milk, cream, ice cream, butter and cheese; and repealing an act entitled "An act to regulate the production of certified milk," approved March 18, 1909, and all acts and parts of acts inconsistent with this act* (Approved April 25, 1913; Stats. 1913, p. 83.) Marking and SECTION 1. No person, firm or corporation shall sell or S miik ertl ~ exchange, or offer or expose for sale or exchange, as and for certified milk, any milk which does not conform to the rules and regulations and to the methods and standards for the pro- duction and distribution of "certified milk" adopted by the American association of medical milk commissions on May 1, 1912, and which does not bear the certification of a milk com- mission appointed by a county medical society organized under and chartered by the medical society of the State of California, and which has not been pronounced by such authority to be free from antiseptics, added preservatives, and pathogenic bacteria, or bacteria in excessive numbers. All milk sold as certified milk shall be conspicuously marked with the name of the commission certifying it. Such milk commission shall make all requirements for the production and handling of certified milk uniform and fair, and shall not refuse to certify milk for any applicant for certification who shall comply with the provisions of this act. certified milk SEC. 2. No person, firm or corporation shall sell or lcts ' exchange or offer or expose for sale or exchange, any cream, skimmed milk, buttermilk, ice cream, butter or cheese as and for certified cream, certified skimmed milk, certified butter- milk, certified ice cream, certified butter or certified cheese as the case may be, or use the word "certified" in connection with the sale, designation, advertising, labeling or billing of any cream, skimmed milk, buttermilk, ice cream, butter or cheese unless the same and all products of milk contained therein or used in the manufacture thereof are obtained exclusively from milk which conforms to the requirements of *The power of enforcing this act was given to the department of agri- culture by section 9 of the act of 1919, creating a department of agri- culture. See page 10 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 65 this act for certified milk and which bears the certification of a milk commission in accordance with the provisions of section one of this act, and unless in addition thereto the methods and conditions under which such cream, skimmed milk, butter- milk, ice cream, butter and cheese, as the case may be, have been prepared or manufactured, as regards cleanliness and sanitation, shall conform to the requirements of the milk com- mission whose certification is sought. All cream, skimmed milk, buttermilk, ice cream, butter and cheese sold, designated, advertised or offered for sale, as certified cream, certified skimmed milk, certified buttermilk, certified ice cream, certi- fied butter or certified cheese shall be conspicuously marked with the name of the commission certifying it and certifying the milk from which such cream, ice cream, butter and cheese is obtained. SEC. 3. Any person who shall violate any of the provisions Penalty, of this act shall be guilty of a misdemeanor and upon con- viction shall be punished by a fine of not less than twenty-five ($25) dollars nor more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than ten (10) nor more than sixty (60) days. SEC. 4. An act entitled * ' An act to regulate the production p 1 ^ 1909 ' of certified milk," approved March 18, 1909, and all acts and repealed, parts of acts inconsistent with this act, are hereby repealed. NOTE. The act approved April 25, 1913, probably supersedes the act approved March 17, 1911 (Stats. 1911, p. 382), relating to certified butter. JUDICIAL DECISIONS CONSTRUING DAIRY STATUTES. For California decisions and decisions of the courts of other states construing dairy laws, see "California State Dairy Laws," issued by the Department of Agriculture, Division of Animal Industry. INSPECTION OF MEAT AND MEAT FOOD PRODUCTS. An act providing for the inspection of animals slaughtered for human food, providing for the inspection of the meat and meat food products of such animals, providing for the collection of fees to defray the expenses incurred by main- taining such inspection, providing for the appointment and duties of officials to carry into effect the provisions of this act, providing for the marking of carcasses and parts thereof, and providing a penalty for violation thereof. (Approved May 11, 1917 ; Stats. 1917, p. 423.) SECTION 1. Any person, firm or corporation in the State inspection of California, engaged in the slaughtering of cattle, sheep, swine, or goats, desiring to have the healthfulness of the meat and meat food products of such animals certified to, may make narfan. 549649 66 STATE DEPARTMENT OF AGRICULTURE. application for the inauguration of an inspection service in such establishment. Said application shall be in writing addressed to the state veterinarian* of California, and shall be made on blanks which will be furnished by said state veterinarian. In such application such applicant for inspec- tion shall agree to comply with the provisions of this act and to maintain said establishment in a clean and sanitary man- ner. Upon receipt of said application the state veterinarian shall make an inspection of said establishment and if found clean and sanitary, and properly equipped to conduct its business in a clean and sanitary manner, he shall inaugurate an inspection service therein, and shall give to such establish- ment an official number, and this number shall be used to mark the meat and meat food products of the establishment as hereinafter provided. Such an establishment shall there- after be known as " Official Establishment No. " Fees. SEC. 2. The cost of such inspection service shall be borne by the establishment where it is maintained and shall be paid for in the following manner: When, in the opinion of the state veterinarian,* the volume of business is sufficient to occupy the continuous services of one inspector, such establishment shall pay a fee of one hundred and fifty dollars per month. When, in the opinion of the state veterinarian, the services of more than one inspector are required to properly carry on the work, the fee in such cases shall be one hundred and fifty dollars per month for the first inspector, and one hundred and twenty-five dollars per month for each additional inspector. When, in the opinicn of the state veterinarian, the inspection work in two or more neighboring establishments can be prop- erly supervised by one inspector, said state veterinarian may, in such cases, prorate the fees among such establishments, but in no instance where only one inspector is employed to super- vise the work in more than one establishment shall the aggre- gate fees be less than one hundred and fifty dollars per month, and in no such instance shall the individual fees be less than fifty dollars per month. All .such fees shall be paid during the first week of January, April, July and October of each year and they shall be paid in advance for the ensuing three months. Such fees shall be paid to the state veterinarian, who shall at least as often as once each month and oftener if required to do so, report to the state controller the total amount of fees collected, and at the same time he shall pay into the state treasury the entire amount of said receipts. All such receipts shall be credited to the meat hygiene fund, which fund is hereby created, out of which shall be paid the salaries of inspectors who are appointed in accordance with the pro- visions of this act, as well as other expenses that may be incurred incidental thereto. In no instance, however, shall any of the fees collected as provided herein be refunded. The *See note, page 11 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 67 state veterinarian is hereby authorized to appoint such inspec- tors as may be necessary to carry out the provisions of this act. SEC. 3. All slaughtering in each official establishment shall Hours for be conducted between the hours of seven o'clock a.m. and slaughtenng - seven o'clock p.m. of any one week day, unless a special permit in writing or by telegram, authorizing slaughtering at any other time, is granted by the state veterinarian.* The manager or other person in charge of such establishment shall inform the inspector when work has been concluded for the day, and of the day and hour when work will be resumed. Where one inspector is detailed to conduct the work at two or more establishments where few animals are slaughtered, the inspector may designate the hours for work. SEC. 4. In each official establishment an ante mortem Ante mortem examination shall be made of all cattle, sheep, swine and goats examination - about to be slaughtered, and satisfactory facilities shall be provided for conducting such examinations, and for separating and holding apart from passed animals those that are unfit for immediate slaughter. SEC. 5. In each official establishment a careful inspection Parts to be shall be made of all animals at the time of slaughter. The inspected - head and tongue, tail, thymus gland, and all viscera, and all parts and blood used in the preparation of meat food and medicinal products shall be retained in such a manner as to preserve their identity until after the post-mortem examina- tion has been completed. Carcasses and parts thereof found to be sound, healthful, wholesome and fit for human food shall be passed and marked in the following manner : Upon all Mark, passed carcasses and parts thereof slaughtered in an official establishment the inspector shall place a mark bearing the words "Cal. Inspected and Passed." This mark shall also contain the official number of the establishment. The number of such marks that shall be affixed and their location on the carcasses and parts thereof shall be determined by the state veterinarian. Each carcass or part thereof, which is found on post-mortem inspection to be unsound, unhealthful, unwhole- some or otherwise unfit for human food shall be marked con- spicuously by the inspector at the time of inspection with the words "Cal. Inspected and Condemned," and such carcass or part thereof shall, under the supervision of the inspector, be rendered unfit for human consumption in some manner approved by the state veterinarian. SEC. 6. The state veterinarian* shall, from time to time, Rules and make such rules and regulations as are necessary for the efficient execution of the provisions of this act, and all inspec- tions and examinations made under this act shall be such and made in such manner as described in the rules and regulations prescribed by said state veterinarian not inconsistent with the provisions of this act ; provided, however, that in making such rules and regulations said state veterinarian shall be guided *See note, page 11 hereof, 68 STATE DEPARTMENT OF AGRICULTURE. by the regulations governing meat inspection of the United States department of agriculture. violation. SEC. 7. It shall be unlawful for any person, firm or cor- poration except the inspector as herein provided, to have in possession, keep or use any mark, stamp or brand provided or used for marking, stamping or branding any article herein required to be marked, stamped or branded. It shall be unlawful for any person, firm -or corporation to have in possession, keep, make or use any mark, stamp or brand hav- ing thereon a device or words similar in character or import to the marks, stamps or brands provided or used for marking, stamping or branding such articles, and any violation hereof shall be deemed a misdemeanor. CATTLE PROTECTION AND BRAND LAW. REGISTRATION OF CATTLE BRANDS AND LICENSING OF SLAUGHTERERS. An act to create a cattle protection board* to define its powers and duties, to protect the breeders and growers of cattle from theft, to provide for the registration of cattle brands and the licensing of cattle slaughterers and sellers of the meat thereof, to provide for the inspection of cattle and cattle hides for brands and marks, to provide for the col- lection of license and inspection fees, to provide for the creation of a fund to be known as the cattle protection fund, and to provide penalties for violation of the provisions hereof. (Approved May 28, 1917; Stats. 1917, p. 1237.) cattle protec- SECTION 1. That there be and is hereby created a cattle creatSr d protection board,* to be appointed by the governor of the State of California, which shall consist of three members, two of whom shall be identified with and experienced in the cattle industry of the State of California and the other shall be the state veterinarian. Said board shall elect one of their num- ber chairman. The members of said board shall each receive ten dollars per day for the time by him necessarily employed in discharging the duties required in this chapter; provided, however, that in no one year shall the board be in session more than sixty days, except upon the call of the governor. Term. The members of said board shall hold office during _the Appointees, pleasure of the governor. Said board is hereby authorized to appoint a" secretary, counsel, inspectors, and such clerks as *By section 8 of the act of 1919, creating a Department of Agriculture (see page 9 hereof), the duties and powers of the Cattle Protection Board were transferred to this department. Upon the organization of the depart- ment these duties were assigned to the Division of Animal Industry. "Cattle Protection Board" should be read, therefore, "Department of Agriculture, Division of Animal Industry." LAWS RELATING TO ANIMAL INDUSTRY. 69 may be necessary to -carry out the provisions of this act, and fix the salaries of said appointees. Such per diem and expenses of said members of the cattle protection board, as well as the salaries and expenses of all appointees of said board, including all other additional expenses incurred by enforcement of this act as hereinafter provided, shall be paid out of the cattle protection fund which fund is hereafter cattle protec- . n n tion fund. provided. Said board is hereby authorized, and it is made its duty, Duty of board to exercise a general supervision over, and protect the cattle of this state from theft and to make such rules and regula- tions as may be necessary to carry out the purposes and intent of this act. SEC. 2. Every person owning cattle in this state except cattle as hereinafter provided may adopt a brand with which to brand his cattle; provided, such brand be not similar to the brand heretofore adopted by any other person, except by special permit issued by the cattle protection board.* Said Record of board shall cause said brands to be recorded in books kept br for that purpose. The recording of a brand shall consist of depicting in the brand book a facsimile of the design of the brand adopted, together with an entry in said book bearing a statement of the name, residence, and post-office address of the person adopting the same, the date the brand was pre- sented for record, the place upon the animal where the brand is proposed to be used, the number of the district and a state- ment of the location of the range whereon such animals are to range. Before any such record shall be made, proof shall be made that the person applying to have such brand recorded is the owner thereof and entitled to use the same. The said board may divide the state into a number of dis- Districts, tricts. Such districts may be changed from time to time, so that all of the persons engaged in raising cattle within the State of California may adopt and record a brand, without requiring that any one brand shall be adopted or recorded in any two contiguous districts; provided, however, that where cattle in two or more contiguous districts are owned by one person, said person shall have the right to the use of said brand in contiguous districts. SEC. 3. The sum of two dollars shall be paid to said board Fees. for the recordation of any brand; for the right to the con- tinued use of said brand, under the provisions of this act, the owner thereof shall before the first day of January of each year after its recordation transmit to the board the sum of one and one-half dollars. A failure to make such payment shall Forfeiture of forfeit the right to use said brand. When the right to any brand recorded hereunder shall have become forfeited, said brand shall not be recorded by any other person until after the expiration of one year from the date of the forfeiture thereof. *See note, page 68 hereof. 70 STATE DEPARTMENT OF AGRICULTURE. Unrecorded brand. Sale of range cattle. Not appli- cable to registered, etc., cattle. License to slaughter cattle. Bond. Annual fee. SEC. 4. No person shall brand any cattle in this state with a brand that has not been recorded under the provisions of this act, nor use any device to obliterate a brand. SEC. 5. Upon the sale or transfer of any range cattle in this state, the actual delivery of such animal shall be accom- panied by a written bill of sale, giving the number, kind and marks and brands of each animal, which bill of sale shall be signed by the party giving the same and acknowledged by him before two subscribing witnesses who have been freeholders of the county for at least two years. SEC. 6. It is hereby expressly provided that the provisions in this act shall not apply to registered purebred cattle or pure- bred cattle which can be identified as being entitled to registra- tion, or to the dressed carcasses of veal with unmarked or unbranded hides thereon, or cows actually used for dairy purposes. SEC. 7. It shall be unlawful for any person to slaughter any cattle or offer for sale, barter or exchange the meat thereof, unless he shall have a license therefor issued in accordance with the provisions of this act, except as herein otherwise provided. Every person slaughtering cattle as a business shall do so in a designated slaughterhouse, and before he shall begin the business of slaughtering cattle or selling the meat thereof, he shall first procure from the board* a license to carry on such business, under the conditions and upon the payment of the fees herein provided for. After procuring such license and before engaging in .such business he shall execute a bond to the State of California, in the penal sum of one thousand dollars ($1,000) to be approved by the secretary of the board, conditioned that such person shall not slaughter, sell or expose for sale any cattle or the meat thereof, without first being the legal and equitable owner thereof, or being authorized to so slaughter, sell or expose for sale such animal, or the meat thereof, by such owner, and that in case he shall violate any of the provisions hereof, he shall pay therefor double the value of such animal. The amount so recovered shall be paid as follows : One-half to the owner of such animal and the remaining one- half to the cattle protection fund. Said board shall grant to every applicant therefor, who complies with all the provisions of this act a license to slaughter cattle and sell the meat thereof for the unexpired portion of the calendar year in which said license is granted. Every applicant for such a license shall pay to said board the following annual fee which shall be paid in advance: For applicants who slaughter less than ten head per month, one dollar per annum. For applicants who slaughter more than ten head and less than fifty head per month, ten dollars per annum. For applicants who slaughter more than fifty head per month, twenty-five dollars per annum. For a shorter *See note, page 68 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 71 term than one year a proportionate part of said fee shall be paid. The applicant for such license shall state in his appli- cation where his slaughterhouse is located, and during the term of such license he shall not slaughter any cattle at any other place than that specified in his license. If the holder of a license desires to change the location of his slaughterhouse, he shall apply to said board to have such license transferred and the board may reissue such license without any addi- tional fee. Every holder of such a license shall, at the expiration of Monthly each calendar month, make a written report and send the same by registered mail to said board. Such report shall include the following: (a) The number and sex of the cattle slaughtered in such establishment during the calendar month just past. (6) The names and addresses of persons from whom said cattle were purchased or otherwise obtained. (c) The brands and marks on said cattle. (d) The dates on which said cattle were purchased or otherwise obtained and the dates on which said cattle were slaughtered. Said statement shall be signed by such licensee or his duly Forfeit of authorized agent. Upon failure or neglect of said licensee ^JJJJ t o n or his duly authorized agent for a period of fifteen days to make file such a statement in the manner as herein provided, the stl said board shall have the power and it shall be its duty to forfeit the license of such licensee; and thereafter it shall be unlawful for the owner of said slaughtering establishment, or for any other person to slaughter any cattle in said estab- lishment until a new application is made by him to said board, accompanied by a fee of twenty-five dollars; provided, how- ever, that said board shall* have the power and it shall be its duty to refuse to renew the license of any slaughterer who has knowingly slaughtered cattle without the consent of the owner thereof. SEC. 8. Every peddler, butcher or retailer of meats, pur- Recordby chasing the meat of any bovine animal, must enter in a book ^J cr of to be kept for that purpose and exhibit the same on demand, purchased, the name of the person from whom said meat was purchased or otherwise obtained, the date of ?aid purchase and the quan- tity so purchased. It shall be unlawful for any peddler or retailer of meat, or person in control of any butcher shop, to purchase the meat of any slaughtered bovine animal from any person not known to him to be licensed under the provisions of this act. Any person who fails on demand to inform any officer of this state where and from whom he has obtained any meat of any bovine animal that he has in his possession, shall be deemed guilty of a misdemeanor. 72 STATE DEPARTMENT OF AGRICULTURE. Slaughter by ranchman for own consumption Hides retained. Record of cattle slaughtered by ranchman. Cattle to be inspected before slaughter. Certificate of brand, etc., before shipment. Nothing in this act shall be so construed as to prohibit an owner of property, or a ranchman located on a definite prop- erty as a tenant, lessee or purchaser under contract, from slaughtering cattle in small numbers on said premises for his own consumption, and nothing herein shall be so construed as to prohibit such ranchman from selling or giving away a por- tion thereof ; provided, that such person shall not be required to take out a license. SEC. 9. The hides of all such cattle slaughtered by the owner thereof, or removed from any cattle which have died from any cause, shall be retained in the possession of the owner where the same may be inspected, with the brands attached thereto, and without any alteration or disfiguration thereof, for a period of at least fifteen days after the death of said cattle, or until said hides are inspected. Every ranchman, who so slaughters cattle on such premises, shall keep a record in a book to be kept for that purpose of all the cattle so slaughtered by him, with- a description thereof, including all the marks and brands of such slaughtered cattle, the date of slaughter, and shall at the end of each month, make a true and correct copy of such record and send the same by registered mail to the office of the cattle protection board,* and shall likewise exhibit the said record on demand of any officer of this state. SEC. 10. No cattle except cattle shipped for slaughter and which have been inspected as herein provided prior to ship- ment, shall be slaughtered until they shall have been first inspected and certified to as being the property of the person slaughtering same or causing same- to be slaughtered or being duly authorized by the owner thereof to slaughter said cattle ; provided, that any person licensed hereunder to slaughter cattle after twenty-four hours notice in writing, addressed to the local inspector demanding his presence at a specified time and place for the purpose of inspecting such cattle for slaugh- tering, may, without the certificate of inspection of said inspec- tor slaughter said cattle, providing he makes a written state- ment designating the general description of the animal or ani- mals slaughtered, such as the age, color, weight, etc., and specifying in detail the earmarks and brands of such animal or animals; and provided, further, that he retain the hides of such animal or animals for at least fifteen days thereafter as herein- before provided. SEC. 11. It shall be unlawful for any common carrier to receive any cattle, or the hides of any cattle, for transportation to points within or without this state until such carrier shall have been furnished with duplicate certificates signed by an inspector, showing, in the case of cattle, the brands and earmarks of such cattle, the number of cattle of each earmark and brand, the names of shipper and consignee and also the origin and destination of said cattle. In the case *See note, page 68 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 73 of cattle hides, the certificates shall state the number of hides, the names of shipper and consignee and also the origin and des- tination of said hides. One copy of said certificate shall be mailed forthwith by the agent or other person in control of the common carrier at the point at which said cattle are received for shipment, to the consignee. SEC. 12. It shall be the duty of inspectors to inspect all inspection of cattle for marks and brands which are offered for transporta- Shipped? be tion to any common carrier at the loading stations thereof. If upon such inspection cattle shall be found not belonging to the shipper, all such cattle shall be taken by the inspector and dealt with in accordance with the rules of the board in such cases made. Inspectors must inspect all cattle subject to inspection immediately, and when inspected, the one in charge thereof shall at once pay to the inspector therefor the sum of five cents per head, whereupon the inspector shall certify that said cattle have been inspected. SEC. 13. It shall be the duty of the said board* to prepare volumes for volumes for the recordation of said marks and brands, and to |J c J[k ion keep a true record of all its official transactions. When cattle and brands. or the hides thereof have been shipped or slaughtered, each record thereof must be entered under the name of the owner of said mark or brand, and must be entered in such a manner as to disclose under the record of each particular mark or brand, the number of cattle bearing any other marks or brands. An index shall be kept of unrecorded brands, as well as of those that have been recorded under the provisions hereof. SEC. 14. Any person, not being the owner, or having the Driving cattle right of possession, of any cattle, who shall be found driving such cattle off its usual range, without the consent of the owner thereof, shall be guilty of grand larceny. SEC. 15. The secretary of the cattle protection board*, atj^jj ' least as often as once each month, shall report to the state secretary, controller the total amount of fees collected, and at the same time he shall pay into the state treasury the entire amount of such receipts. All such receipts shall be credited to the cattle protection fund, which fund is hereby created, and shall be held subject to the uses of the cattle protection board, as defined in this act. SEC. 16. The term " range" for the purpose of the inter- "Range." pretation and application of this act shall be understood to mean the enclosed or unenclosed lands outside of cities, towns and villages in this state, whether of the public domain or in private ownership, upon which by custom, license or other- wise, cattle are kept or permitted to roam and feed. The term "person" wherever used includes every person, -Person." persons, firm, association or corporation. The term "cattle" wherever used includes every kind of "Cattle." animal of the bovine species. *See note, page 68 hereof. 74 STATE DEPARTMENT OF AGRICULTURE. Penalty. SEC. 17. Any person violating any provisions of this act shall, unless otherwise specifically designated herein, be guilty of a misdemeanor. Repeal. SEC. 18. All acts and parts of acts in conflict herewith are hereby repealed. ANIMALS RUNNING AT LARGE. Political Code. 3167. Owners of horses, mules, cattle, sheep, goats, or hogs running at large must have a mark, brand, and counterbrand brand tohave different from any one in use by any other person, so far as may be known. receded 3168. Every owner must record with the recorder of the with county county his mark, brand, and counterbrand by delivering to the recorder. recorder his mark, cut upon a piece of leather, and his. brand and counterbrand burnt upon it, which shall be kept in the . recorder's office. A certified copy thereof made by the recorder, with the seal of his office attached thereto, is evidence on the trial of any action in a court of competent jurisdiction as to the ownership of all animals legally marked or branded. The recorder must enter in a book to be kept by him for that purpose a copy of the marks, brands, and counterbrands; but he must first be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, and, as far as his knowledge extends, is different from any other in the state. For recording the mark, brand, and counterbrand the recorder is entitled to demand and receive one dollar. dufies der ' s 3169. Every recorder in this state must transmit to the recorders of the adjoining counties a transcript of all the marks, brands, and counterbrands recorded in his office, to be filed by such recorders in their offices, and reference thereto must be made in every case of application for the record of marks and brands. Brands must 3170. No mark, brand, or counterbrand is lawful unless be recorded, recorded as provided in this article, nor shall any person use more than one mark or brand, unless he is the owner of more than one ranch or farm. Marks not 3171. No person must use a mark by cutting off the ear or by cutting the ear on both sides to a point. Branding 3172. Every person must mark or brand his horses and mules before they are eight months old, and cattle before they are twelve months' old, on the hip or hinder part, and mark or brand his sheep, goats, and hogs, before they are six months old. On the trial of any action to recover the possession of any animal which is marked or branded, the mark or brand is prima facie evidence that the animal belongs to the owner of the mark or brand. When a dispute occurs in regard to a mark or brand, the person first recording the same is entitled thereto. (Amendment approved 1874; Code Amdts. 1873-74, p. 43.) LAWS RELATING TO ANIMAL INDUSTRY. 75 3182. Persons selling cattle, horses, mules, jacks, or Regulations pennies, must counterbrand them on the shoulders, or give a SSmS 1 * written descriptive bill of sale. 3183. Any person who uses any mark, brand, or counter- Penalty for brand other than the one recorded by him, except by the coSmark. consent of the owner of such other mark, brand, or counter- brand, or uses more than one mark, brand, or counterbrand otherwise than is provided in article one, or suffers his ward, child, apprentice, or servant to use any other than his own mark, brand, or counterbrand on those of the stock they run with, forfeits to any person suing therefor the stock so marked or branded with any other than the proper mark or brand recorded by him. This section does not extend to any stock which may descend to any ward, child, apprentice, or servant by the gift or devise of any person other than the guardian, parent, or master of such ward, child, apprentice, or servant; but the marks, brands, and counterbrands of such minors, apprentices, or servants must be recorded as other marks, brands, and counterbrands. 3184. If any person has knowledge of any person, who, Fraudulently with the intent to defraud or willingly [willfully] mismarks or misbrands any stock not his own, or kills any stock running at large having a proper owner, the person having such knowl- edge must, within ten days thereafter, give information thereof to some justice of the peace of the proper county. PERPETUATION OF MARKS AND BRANDS. An act to perpetuate marks, brands and counterbrands estab- lished in the several counties of the state under sections three thousand one hundred sixty-eight and three thousand one hundred sixty-nine of the Political Code, to provide methods of perpetuation and declaring all marks, brands and counterbrands not so perpetuated to be inoperative and void. (Approved April 16, 1917; Stats. 1917, p. 138.) SECTION 1. The county recorder of each county in whose office there are recorded more than one hundred marks, brands and counterbrands under the provisions of section three thou- sand one hundred sixty-eight of the Political Code, shall, brands, within thirty days after this law goes into effect, cause to be published in a newspaper of general circulation in such county, the following notice: "Every person, who, under and by virtue of compliance with section three thousand one hundred sixty-eight of the Political Code, owns a mark, brand or counterbrand, must, within three months after final publication of this notice, notify the county recorder of his desire to continue and perpetuate such mark, brand and counterbrand. This notification must be 76 STATE DEPARTMENT OF AGRICULTURE. in words of positive and reasonable intendment and must be either by registered letter or by personal application addressed to said county recorder. Any person failing to so continue and perpetuate such mark, brand and counterbrand, shall lose all right, title and interest therein. First publication: (naming date). Last publication : (naming date). Marks, etc., deemed abandoned. County recorder of county." publication. SEC. 2. The notice set forth in section one shall be published six times at intervals of four weeks, final publication to be not more than five months later than the original publication thereof. continuance SEC. 3. Every person desiring to continue and perpetuate tc ' any mark, brand and counterbrand must comply with the pro- visions set forth in the notice under section one, and the county recorder shall, upon such compliance, write or stamp opposite the record of such mark, brand or counterbrand the word "perpetuated." SEC. 4. At the termination of three months after final pub- lication of notice set forth in section one, the county recorders of the several counties shall transfer the records of all marks, brands and counterbrands perpetuated under section three to a new book set apart for the purpose described in section three thousand one hundred sixty-eight of the Political Code, and all marks, brands and counterbrands in the custody of the county recorders of the several counties not so continued and perpetuated shall be deemed to have been abandoned by the owner thereof and to be inoperative and void. SEC. 5. Nothing in this act shall be construed as repealing sections three thousand one hundred sixty-eight and three thou- sand one hundred sixty-nine of the Political Code. CHANGING OR DEFACING MARKS AND BRANDS. Penal Code. 357. Every person who marks or brands, alters, or defaces the mark or brand of any horse, mare, colt, jack, jennet, mule, bull, ox, steer, cow, or calf belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, is punishable by imprisonment in the state 's prison for not less than one nor more than five years. (As amended, Stats. 1901, p. 329.) 357^. Every person who marks or brands, alters or defaces the mark or brand of any sheep, goat, hog, shoat, or pig belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, is guilty of a misdemeanor. (Added, Stats. 1901, p. 327.) Horse, jack, cow, etc. Sheep, goat, hog. LAWS RELATING TO ANIMAL INDUSTRY. 77 PUBLIC SERVICE OF STALLIONS, JACKS, ETC. REGISTRATION OF PEDIGREE. An act to regulate the public service of stallions and jacks in the Stale of California. (Approved May 1, 1911. Amendments approved June 12, 1915 ; Stats. 1911, p. 1306; 1915, p. 1495.) SECTION 1. Every association, person, firm or corporation Registration standing or offering any stallion or jack for public service in etc 8 , required. this state shall cause the name, description, and pedigree of such stallion or jack to be enrolled by a stallion registration board* hereinafter provided for, and secure a license from said board, as provided in section three of this act. All enroll- ment and verification of pedigree shall be done in the office of the secretary of the California state board of agriculture. (As amended, Stats. 1915, p. 1495.) SEC. 2. In order to carry out the provisions of this act, there shall be constituted a stallion registration board,* whose board, duty it shall be to verify and register pedigrees ; to pass upon certificates of veterinary examination ; to provide, when neces- sary, for veterinary inspection ; to issue stallion or jack license certificates and tags; to make all necessary rules and regula- tions ; and to perform such other duties as may be necessary to carry out and enforce the provisions of this act. Said board shall hold meetings at the office of the secretary of the Cali- fornia state board of agriculture the first Tuesday and subse- quent days of February, May, August and November of each year, and such other meetings as may be necessary. Said stallion registration board shall be composed of three members, consisting of the president and secretary of the California state board of agriculture and the state veterinarian. (As amended, Stats. 1915, p. 1495.) SEC. 3. In order to obtain the license certificate and tag herein provided for, the owner of each stallion or jack shall of stamens, forward an affidavit on a form which shall be furnished by the stallion registration board* and this affidavit shall be made by a veterinarian, legally qualified to practice as such in this . state, to the effect that he has personally examined such stal- lion or jack. If said stallion or jack is free from communi- cable diseases mentioned in section four of this act, a state- ment to this effect shall be made on said affidavit by the examining veterinarian. If said examining veterinarian after examination finds such stallion or jack affected with any com- municable disease or with any of the diseases or unsoundnesses *By section 8 of the act of 1919, creating a Department of Agriculture (see page 9 hereof), the duties and powers of the Stallfon Registration Board were transferred to this department. Upon the organization of the department, these duties were assigned to the Division of Animal Industry. "Stallion 'Registration Board" should be read, therefore, "Department of Agriculture, Division of Animal Industry." 78 STATE DEPARTMENT OF AGRICULTURE. Pedigree. License to specify Records. Temporary certificates. License certificate to to be posted. mentioned in section four of this act, a statement shall be inscribed on such affidavit by said veterinarian specifying the disease or unsoundness so found. The owner of said stallion or jack shall also furnish to the stallion registration board the studbook certificate of registry of the pedigree of said stallion or jack when said stallion or jack is registered, and all other necessary papers relative to his breeding and ownership. Upon verification of pedigree and certificate of breeding (in case of purebred stallions or jacks), and receipt of veterinarian's affidavit as provided for in this act, a license certificate shall be issued to the owner; provided, however, that no license certificate shall be issued to the owner of any stallion or jack in case said animal is affected with any communicable disease ; and provided, further, that when any stallion or jack is found affected with any of the diseases or unsoundnesses as men- tioned in section four of this act, the license certificate so issued to the owner of said animal shall specify the disease or unsoundness with which said animal is affected. (As amended, Stats. 1915, p. 1495.) SEC. 4. Any stallion or jack found to be affected with any of the following diseases or unsoundnesses is hereby deemed unsound and likely to transmit such disease or unsoundness to its progeny, and the license certificate issued to the owner of such a stallion or jack shall specify the disease or unsoundness as provided for in section three of this act : Periodic ophthalmia (moon blindness) ; cataract, laryngeal hemiphlegia (roaring or whistling) ; pulmonary emphysema (heaves, broken wind) ; chorea (St. Vitus dance, cramp iness, shivering, stringhalt) ; bone spavin, ringbone, sidebone, navicular disease, osteoporosis ; curb, when accompanied with faulty confirmation of hock. (As amended, Stats. 1915, p. 1496.) SEC. 5. The stallion registration board* shall make and keep records of all stallions and jacks enrolled in the State of California; said stallions or jacks to be enrolled as "pure- bred," "crossbred," "non-standard bred," "grade," or "mon- grel, ' ' according as the facts may have been determined. Upon making the enrollment of said stallion or jack said stallion regis- tration board shall issue the above said license. The stallion registration board is authorized in cases of emergency to grant temporary license certificates without veterinary examination, upon receipt of an affidavit of the owner to the effect that, to the best of his knowledge and belief, said stallion or jack is free from infectious, contagious, or transmissible disease or unsound- ness. Temporary license certificate shall be valid only until veterinary examination can reasonably be made. SEC. 6. The owner of any stallion or jack used for public service in this state shall post and keep affixed, during the entire breeding season, a copy of the license certificate of such stallion or jack, issued under the provisions of this act, in a conspicuous *See note, page 77 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 79 place, both within and upon the outside of the main door leading to every stable or building where the said stallion or jackisused for public service, and at all times during the breeding season shall have attached to the harness or bridle of said stallion or jack a tag which shall be issued with the certificate. Each bill and poster and each newspaper advertisement shall show the enrollment certificate number, and state whether it reads "purebred," "grade," "crossbred," "non-standard," or "mongrel," and it shall be illegal to print or advertise any misleading reference to the breeding of said stallion or jack, his dam or sire. (As amended, Stats. 1915, p. 1496.) SEC. 7. The license certificate issued for a stallion or jack J? e fl at e - whose sire and dam are of purebreeding, and the pedigree of pedigree which is registered in a studbook recognized by said stallion stock- registration board,* shall be in the following form: FORM OF CERTIFICATE. (Section 7 of Registration Law.) PUREBRED. CALIFORNIA STALLION REGISTRATION BOARD. Certificate of purebred stallion or jack, No The pedigree of the stallion or jack (name) Owned by Bred by Described as follows : Color Breed Foaled in the year , has been duly examined and it is hereby certified that the said stallion or jack is registered as number in studbook, said studbook being recognized by the stallion registration board of Cali- fornia, and is of pure breeding. The above named stallion or jack has been examined by , veterinarian, and is reported as and is licensed to stand for public service in the State of California. This license expires on , 19 Signed , Secretary California Stallion Registration Board. Dated this , 19 , at Sacramento, Cal. *See note, page 77 hereof. 80 STATE DEPARTMENT OF AGRICULTURE. GRADE. purebred ^he ^ cens e certificate issued for a grade stallion or jack, whose sire or dam is not purebred, shall be in the following form: CALIFORNIA STALLION REGISTRATION BOARD. Certificate of grade stallion or jack, No The pedigree of the stallion or jack (name) Owned by Bred by Described as follows : Color Foaled in the year , has been duly examined, and it is hereby certified that the said stallion or jack is not of pure breeding, and is, therefore, not eligible for registration in any studbook recognized by the stallion registration board of California. The above stallion has been examined by , veterinarian, and is reported as and is licensed to stand for public service in the State of California. This license expires on , 19 Signed - , Secretary California Stallion Registration Board. Dated this , 19 , at Sacramento, Cal. CROSSBRED. Crossbred. The license certificate issued for a stallion whose sire and dam are purebred, but not of the same breed, shall be in the following form: CALIFORNIA STALLION REGISTRATION BOARD. Certificate of crossbred stallion, No The pedigree of the stallion (name) Owned by Bred by Described as follows : Color Foaled in the year , has been duly examined, and it is found that his sire is regis- tered in the studbook as number , volume , at page , and his dam in the studbook as No. , volume , and page Such being the case, the said stallion is not eligible for regis- tration in any studbook recognized by the stallion registration board of California. The above named stallion has been exam- ined by ^veterinarian, and is reported as -and is licensed to stand for public service in the State of California. This license expires on , 19 Signed , Secretary California Stallion Registration Board. Dated this , 19__, at Sacramento, Cal. *See note, page 77 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 81 NON-STANDARD BRED. The license certificate issued for a non-standard bred stallion, ^; standard shall be in the following form : CALIFORNIA STALLION REGISTRATION BOARD. Certificate of non-standard bred stallion, No The pedigree of the stallion (name) Owned by Bred by Described as follows : Color Foaled in the year , has been duly examined, and it is hereby certified and found that said stallion is not eligible to registration as standard bred, and for the purpose of this license is not purebred, although recorded in the non-standard department of the American trotting register. The above named stallion has been examined by , veterinarian, and is reported as and is licensed to stand for public service in the State of California. This license expires on , 19 Signed , Secretary California Stallion Registration Board. Dated this , 19__, at Sacramento, Cal. MONGREL. The license certificate issued for a "mongrel" stallion or "Mongrel." jack shall be in the following form: CALIFORNIA STALLION REGISTRATION BOARD. Certificate of "mongrel" stallion or jack, No The pedigree as far as known or traced, of the stallion or jack (name) Owned by Bred by Described as follows : Color Foaled in the year , has been duly examined, and it is hereby certified that the said stallion or jack is of mongrel breeding, and is not eligible for registration in any studbook recognized by the stallion regis- tration board of California. The above named stallion has been examined by , veterinarian, and is reported as and is licensed to stand for public service in the State of California. This license expires on , 19 Signed -- , Secretary California Stallion Registration Board. Dated this , 19 , at Sacramento, Cal. (As amended, Stats. 1915, p. 1497.) 649649 82 STATE DEPARTMENT OP AGRICULTURE. Pees. SEC. 8. A fee of two dollars and seventy-five cents shall be paid to the secretary of the California stallion registration board* for the examination and enrollment of each stallion or jack pedigree, and for issuance of a license certificate and tag, in accordance with the breeding of the stallion or jack as above provided, which shall be in force and effect for a period of one year from its date, and for the purpose of carrying out the provisions of this act. The fee shall be paid to the secretary of the California registration board at the time the application is made for enrollment. Upon a transfer of the ownership of any stallion or jack enrolled under the provisions of this act, the certificate of enrollment may be transferred to the transferee by the secretary of the California stallion registration board upon submittal of satisfactory proof of such transfer of owner- ship, and upon payment of a fee of one dollar and twenty-five cents. A fee of one dollar and twenty-five cents shall be paid annually for the renewal of a license certificate and tag. A fee of one dollar and twenty-five cents shall be paid for a duplicate license certificate and tag upon proof of the loss or destruction of the original certificate. (As amended, Stats. 1915, p. 1499.) investiga- SEC. 9. Whenever at any time the stallion registration authorized, board* has reason to believe, or complaint is made, that any stallion or jack has been provided with a license certificate under false or erroneous representation, said stallion registra- tion board is hereby authorized and empowered to cause an investigation to be made, and if in the conduct of such investi- gation it is deemed necessary by said board to examine said stallion or jack, the owner of said animal shall have the right to select a veterinarian, legally qualified to practice as such in this state, to act with a veterinarian of said stallion registra- tion board in examining said animal, and in case these two shall fail to agree on a verdict or decision they shall appoint a third qualified veterinarian, with the consent and approval of said board and owner, which third veterinarian shall act as a referee therein and the decision of said referee shall be final. If, as a result of such investigation or examination, or both, it shall have been found that such stallion or jack is not legally entitled to the license certificate as provided for in this act, then said stallion registration board shall revoke the license in force, or provide the owner of said animal with a proper form of license certificate; provided, that the owner of any stallion or jack used for public service in this state shall have a lien on all colts sired by said stallion or jack for the service fee for a period of one year from the date of the foaling of said colt, as now provided by law. (As amended, Stats. 1915, p. 1499.) Penalty. SEC. 10. Every association, person, firm or corporation violating any of the provisions of this act, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars ($100) for each offense; or by imprison- *See note, page 77 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 83 ment in the county jail not exceeding fifty days, or by both such fine and imprisonment. SEC. 11. The funds accruing from the above named f ees Use . f fu " ds i n ! -i n- 7- T* A accruing from shall be used by the said stallion registration board* to defray fees. the expenses of enrollment of pedigrees and issuance of licenses ; to provide for the examination of stallions and jacks when necessary; to publish reports or bulletins containing lists of stallions and jacks examined, which shall be not less than one in each year; to encourage the horse breeding interests in this state ; to disseminate information pertaining to horse breeding, and for any other purposes as may be necessary to carry out the purposes and enforce the provisions of this act. Each member of the above committee shall receive his actual expenses incurred while in the performance of any duty imposed under the provisions of this act; the secretary of said board shall receive for his services an amount to be fixed and agreed upon by said board. It shall be the duty of the said stallion registra- tion board to enforce the provisions of this act, and to make Enforcement. an annual report, including financial statement, to the gover- nor of the state on September 15th of each year. SEC. 11-J. The secretary of the stallion registration board,* Monthly at least as often as once each month, and of tener if required so to do, shall report to the state controller the total amount of fees collected, and at the same time he shall pay into the state treasury the entire amount of such receipts. All such receipts shall be credited to the stallion registration board con- tingent fund, which fund is hereby created, and shall be held subject to the uses of the board as defined in this act. (Added, Stats. 1915, p. 1500.) SEC. 12. This act shall take effect and be in force August 1, 1911. LIEN FOR SERVICE OF STALLION, ETC. Civil Code. 3062. Every owner or person having in charge any stal- lion, jack, or bull, used for propagating purposes, has a lien for charge of the agreed price of its service upon any mare or cow and upon stalllon ' etc - the offspring of such service, unless some willfully false repre- sentation concerning the breeding or pedigree of such stallion, jack or bull has been made or published by the owner or person in charge thereof, or by some other person, at the request or instigation of such owner or person in charge. (Added, Stats. 1905, p. 618.) 3063. Every claimant of a lien provided for in the preced- Filing of ing section must, within ninety days after the service on account v c jm d of which the lien is claimed, file in the office of the county recorder of the county where the mare or cow subject thereto is kept, a verified claim containing a particular description of the mare or cow, the date and place of service, the name of the owner or reputed owner of such mare or cow, a description by *See note, page 77 hereof. 84 STATE DEPARTMENT OF AGRICULTURE. Action to enforce lien. Animals kept for propagation to be licensed. name, or otherwise, of the stallion, jack, or bull performing the service, the name of the owner or person in charge thereof, and the amount of the lien claimed. Such claim, so filed, is notice to subsequent purchasers and incumbrancers of such mare or cow and of the offspring of such service for one year after such filing. (Added, Stats. 1905, p. 618.) 3064. An action to enforce any lien created under section thirty hundred and sixty-two may be brought in any county wherein any of the property subject thereto may be found, and the plaintiff is entitled to the remedies provided in sections thirty hundred and forty-four and thirty hundred and sixty- five upon complying with such sections, both of which are hereby made applicable to the proceedings in such action. (Added, Stats. 1905, p. 619.) LICENSING ANIMALS USED FOR PROPAGATION. Political Code. 3385. Every person who keeps a stallion, jack, or bull, and who permits the same to be used for the purpose of propagation for hire, must annually obtain a license therefor from the tax collector, and pay therefor as follows : 1. Horses that are hired for the purpose of propagation, by the season, at one hundred dollars or more, constitute the first class, and require a license of seventy-five dollars. 2. At seventy-five dollars and less than one hundred dollars, constitute the second class, and require a license of sixty dollars. 3. At fifty dollars and less than seventy-five dollars, consti- tute the third class, and require a license of forty dollars. 4. At thirty dollars and less than fifty dollars, constitute the fourth class, and require a license of twenty-five dollars. 5. At fifteen dollars and less than thirty dollars, constitute the fifth class, and require a license of fifteen dollars. 6. All at less than fifteen dollars, constitute the sixth class, and require a license of ten dollars. 7. For each jack, ten dollars. 8. For each bull, ten dollars. A license so obtained from the tax collector, under the pro- visions of this act, shall entitled the holder thereof [to] the right to go into any county of -this state for the purposes of propagation, without further license or expense. (Amendment approved 1876; Code Amdts. 1875-76, p. 56.) LAWS RELATING TO ANIMAL INDUSTRY. 85 CRUELTY TO ANIMALS. GENERAL PROVISIONS. Penal Code. 369&. Any officer, agent or conductor of any company or ce f person operating any railroad in this state, who in carrying and transporting cattle, sheep, or swine in carload lots, confines tion - the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water and feeding, for a period of at least ten consecutive hours, is guilty of a misde- meanor. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which they are received, must be com- puted. In case the owner or person in charge of such animals refuses or neglects to pay for the care and feed of animals so rested, the company or person operating such railroad may charge the expense thereof to the owner or consignee and retain a lien upon the animals therefor until the same is paid. (As amended, Stats. 1905, p. 672.) 369e. Any person who leads, drives, or conducts any beast Animals along the track of a railroad, except where the railroad is built along" 8 within the limits of a public highway, or who places, or having k g ad the right to prevent it, suffers any animal to be placed within the fences thereof for grazing or other purposes, is guilty of a misdemeanor. (As amended, Stats. 1905, p. 767.) 384c. Every person who wilfully or negligently, while Animals hunting upon the inclosed lands of another, kills, maims, or p e ^' e n d s by wounds an animal, the property of another, is guilty of a mis- hunting, demeanor. (As amended, Stats. 1907, p. 566.) 597. Every person who maliciously kills, maims, or wounds cruelty to an animal, the property of another, or who overdrives, over- ammals> loads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or pro- cures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink or shelter, or to be cruelly beaten, mutilated or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the same, or in any manner abuses any animal, or fails to provide the same with proper food, drink, shelter or protection from the weather, or who drives, rides or otherwise uses the same when unfit for labor, is for every such offense, guilty of a misdemeanor. (As amended, Stats. 1909, p. 999.) 597a. Whoever carries or causes to be carried in or upon unnecessary any vehicle or otherwise any domestic animal in a cruel or su f e ,J in f or inhuman manner, or knowingly and wilfully authorizes or animals. permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor ; and whenever 86 STATE DEPARTMENT OP AGRICULTURE. Causing animals to fight. any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle and its contents, together with the horse or team attached to such vehicle, and deposit the same in some place of custody; and any necessary expense incurred for taking care of and keeping the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof, remains unpaid, it may be recovered, by the person incurring the same, of the owner of such domestic animal, in an action therefor. (Added, Stats. 1905, p. 679.) Docking tans 597a. It shall be unlawful for any person or persons to dock the tail of any horse, within the State of California, or to procure the same to be done, or to import or bring into this state, any docked horse, or horses, or to drive, work, use, race or deal in any unregistered docked horses, or horses within the State of California except as provided in section five hundred ninety-seven d of this code. (Added, Stats. .1907, p. 269.) 597Z>. Any person who, for amusement or gain, causes any bull, bear, cock, dog, or other animal to fight with like kind or different kind of animal or creature, or with any human being; or who, for amusement or gain, worries or injures any such bull, bear, cock, dog or other animal, or causes any such bull, bear, cock, dog or other animal to worry or injure each other ; and any person who permits the same to be done on any premises under his charge or control ; and any person who aids, abets, or is present at such fighting or worrying of such animal or creature, as a spectator, is guilty of a misdemeanor. (As amended, Stats. 1907, p. 845.) 5975. Within thirty days after the passage of this act, every owner, or user of any docked horse, within the State of California, shall register his or her docked horse, or horses by filing in the office of the county clerk of the county in which such decked horse, or horses, -may then be kept, a certificate, which certificate shall contain the name, or names of the owner, together with his or her post-office address, a full description of the color, age, size and the use made of such docked horse, or horses; which certificate shall be signed by the owner, or his, or her agent. The county clerk shall number such certificate consecutively and record the name in a book, or register to be kept for that purpose only ; and shall receive as a fee for recording of such certificate, the sum of fifty cents, and the clerk shall thereupon issue to such person so registering such horse or horses a certificate containing the facts recited in this section which upon demand shall be exhibited to any peace officer, and the same shall be conclusive evidence of a compliance with the provisions of section five hundred ninety- seven a of this code. (Added, Stats. 1907, p. 269.) 597c. The driving, working, keeping, racing or using of any unregistered docked horse, or horses, after sixty days after the passage of this act, shall be deemed prima facie evidence of the fact that the party driving, working, keeping, racing or Registration of docked horses. Evidence of docking horses. LAWS RELATING TO ANIMAL INDUSTRY. 87 using such unregistered docked horse, or horses, docked the tail of such horse or horses. (Added, Stats. 1907, p. 270.) 597c. Whoever owns, possesses, keeps, or trains any bird ^1? or animal, with the intent that such bird or animal shall be to fight. engaged in an exhibition of fighting, or is present at any place, building, or tenement, where preparations are being made for an exhibition of the fighting of birds or animals, with the intent to be present at such exhibition, or is present at such exhibition, is guilty of a misdemeanor. (Added, Stats. 1905, p. 680.) 597\ J ;;"W An act to provide for constructing division fences. (Approved March 9, 1876. 'Amendments approved March 30, 1878. Stats. 1875-6, p. 175; 1877-8, p. 165.) SECTION 1. When two or more persons own land adjoining, Erection of .,, ,. > ci partition which is inclosed by one fence, in either the counties or bacra- fences. rnento, Solano, Sutter, Tuba, Butte, Contra Costa, and in that portion of San Joaquin County lying and being north and east of the San Joaquin River, Amador, San Luis Obispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San Mateo,* and Nevada, and it becomes necessary for the protec- tion of the rights and interests of one party that a partition fence should be made between them, the other or others, when notified, shall proceed to erect, or cause to be erected, one-half Persons of such partition fence ; said fence to be erected on, or as near j^ r e este as practicable, the line of said land. And if, after notice notified. given in writing, or after determination of the viewers, as provided in section six hereof, either party shall fail to proceed to erect, or cause to be erected and completed, within six months' time thereafter, one-half of such fence, the party giving the notice may proceed to erect or cause to be erected, the entire partition fence and collect by law one-half of the costs of such fence from the other party, and he shall be entitled to a lien upon the land thus partitioned, as provided in section one of an act entitled An act amendatory of and supple- mental to an act entitled An act concerning lawful fences, approved April third, eighteen hundred and sixty. SEC. 2. Lawful division fences are described as follows: Lawful First It made of stone, four feet high, three feet base, and one foot thick on the top. *Repealed as to San Mateo County, Stats. 1877-8, p. 1019. 102 STATE DEPARTMENT OF AGRICULTURE. Dimensions of posts. Duty of owners. Liability of adjoining owners. Disagree- ment, viewers to decide. Viewers to Qle report. Second If it be worm fence, the rails should be well laid, and at least five feet high. Third If made of posts and boards, the posts must be set well in the ground, not less than eighteen inches, and not wider apart than eight feet. If intended to turn all stock, it shall be at least five six-inch boards or four eight-inch boards high, or four boards high with a ditch embankment equal to one board, or four six-inch boards high with a wire on top; the boards to be six inches wide and one-inch thick, the top board or wire to be four and One-half feet from the ground, the spaces well divided, and the boards securely nailed to the posts. If intended, as by mutual agreement in writing, a lawful fence to turn only neat cattle, horses and mules, a three-board fence shall be deemed sufficient, the bottom board to be two feet from the ground. Fourth If made of pickets, posts and rails, or posts and poles, and a ditch or ditches, the fence must be equally strong and secure as a fence made as described in the last subdivision. Ftfti&~& ^made of wire, posts and poles, ditch, pickets, hedge, brush', or, any other materials, the fence, to be lawful, rjfiist/b; equial in. strength and capacity to turn stock as the fence described "in the third subdivision of this section. (As amended, Stats. 1877-8, p. 765.) SEC. 3. All posts used in such fences shall be at least twelve inches in circumference, set at least eighteen inches in the ground, and must be replaced when and as often as the fence shall become decayed, SEC. 4. Each coterminous land owner shall construct and keep in repair a just proportion of the line fence between their respective tracts of land, unless the owner of one or both of said tracts shall choose to allow his land to lie uninclosed. SEC. 5. When one of such adjoining proprietors shall have allowed his land to lie uninclosed, and afterwards shall inclose it he shall owe and be indebted to such adjoining owner one- half the value of any division fence owned by the other, used by him in forming such inclosure; and each shall thereafter keep one-half of such fence in repair. SEC. 6. If adjoining proprietors can not agree as to the proportion or the particular part of a division fence to be made, maintained, or kept in repair by each respectively, either party may apply, on five days' notice, to a justice of the peace of the township, if there be one, if not, to the county judge, for the appointment of three viewers, w r ho may examine witnesses on oath, and view the premises, and must determine: First If the fence is owned by one proprietor, how much the other shall pay as his proportion of the value. Second If the fence, or the whole thereof, is not built, which part thereof shall afterwards be built and kept in repair by each. The determination of the viewers shall be reduced to writing and signed by them, and shall be filed in the office LAWS RELATING TO ANIMAL INDUSTRY. 103 of the county clerk, and such determination shall be conclu- sive upon the parties. If any part of such determination shall consist in fixing the value of a fence, for which one party is to pay the other a proportion also fixed, such proportion shall be paid within thirty days after notice of such determination, and if not FO paid may be recovered by action in any court of competent jurisdiction. The viewers shall be entitled to a Fe es of fee of three dollars each, one-half to be paid by each proprietor, "ewers. SEC. 7. Nothing in this act shall be held to repeal or affect subdivision fourteen of section eight hundred one of the Civil Code, nor sections eight hundred forty and eight hundred forty-one of said code, but this act shall be deemed cumulative. SEC. 8. This act shall be in force from and after its passage. NOTE. Special acts concerning lawful and division fences relating to counties not included in the act of 1875 were passed as follows: El Dorado (lawful fences), Stats. 1869-70, p. 584. Modoc (lawful and division fences), Stats. 1873-4, p. 362; amended, Stats. 1875-6, p. 71. Colusa and Tehama (partition fences), Stats. 1875-6, p. 207. San Mateo (partition fences), Stats. 1875-6, p. 173. Sonoma (partition fences on line of adjoining county), Stats. 1877-8, p. 692. MAINTENANCE OF DIVISION FENCES. Civil Code. 801. The following land burdens or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements : ******* 14. The right of having the whole of a division fence maintained by a coterminous owner: * *. 840. The owner of a life estate must keep the buildings and fences in repair from ordinary waste. * *. 841. Coterminous owners are mutually bound equally to maintain : 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at the time, of any division fence made by the latter.* LEAVING GATE OPEN. Penal Code. 602. Every person who willfully commits any trespass by either : ******* 8. Willfully opening, tearing down, or otherwise destroying Leaving any fence on the inclosed land of another, or opening any gate, ga bar, or fence of another and willfully leaving it open without the permission of the owner, or maliciously tearing down, *See note to act of 1855 concerning lawful fences, page 96 hereof. 104 STATE DEPARTMENT OF AGRICULTURE. mutilating, or destroying any sign, signboard, or other notice forbidding shooting on private property; or 9. Entering any inclosure belonging to, or occupied by, another for the purpose of hunting, shooting, killing, or destroying any kind of game within such inclosure, without having first obtained permission from the owlier of such inclosure ; Is guilty of a misdemeanor. (As amended, Stats. 1905, p. 688.) Civil Code. RAILROAD FENCES. Maintenance of fences along rail- damages for 485. Railroad corporations must make and maintain a good and sufficient fence on both sides of their track and property. In case they do not make and maintain such kming stock, fence, if their engine or cars shall kill or maim any cattle or other domestic animals upon their line of road, except where the same runs through or upon public land they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed. Eailroad corporations paying to the owner of the land through or along which their road is located an agreed price for making and maintaining such fence, or paying the cost of such fence with the award of damages allowed for the right of way for such railroad, are relieved and exonerated from all claims for damages arising out of the killing or maiming any animals of persons who thus fail to construct and main- tain such fence; and the owners of such animals are respon- sible for any damages or less which may accrue to such corpo- ration from such animals being upon their railroad track, resulting from the non-construction of such fences, unless it is shown that such loss or damage occurred through the negli- gence or fault of the corporation, its officers, agents, or employees. (As amended, Stats. 1915, p. 1281.) Penal Code. 369rf. Any person who enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the same securely closed after him, is guilty of a misdemeanor. (Added, Stats. 1905, p. 766.) 369e. Any person who leads, drives, or conducts any beast along the track of a railroad, except where the railroad is built within the limits of a public highway, or who places, or having the right to prevent it, suffers any animal to be placed within the fences thereof for grazing or other purposes, is guilty of a misdemeanor. (Added, Stats. 1905, p. 767.) Closing of gates at railroad crossings. Animals feeding along rail- road tracks. LAWS RELATING TO ANIMAL INDUSTRY. 105 ESTRAYS. An act relating to estrays, providing for taking them up and giving a lien on them for all damages, costs, and expenses incurred by reason of taking them up, and repealing all other acts and parts of acts now in force relating to estrays. (Approved March 23, 1901. Amendments approved March 20, 1905 ; March 6, 1907 ; April 22, 1909 ; May 20, 1915. Stats. 1901, p. 603 ; 1905, p. 395; 1907, p. 132; 1909, pp. 1060, 1079; 1915, p. 636.) SECTION 1. Any person finding at any time any estray jjjjjj 1 ^. " domestic animal or animals upon his premises., or upon premises animals to which he. has the right of possession, or upon highways adjacent thereto, may take up the same and have a lien thereon for all expenses incurred and costs in keeping and caring for said animal or animals, as hereinafter provided; and no per- son shall remove them from the possession of the taker-up, or from the possession of the officer to whom they may have been delivered, except as hereinafter provided ; provided, however, in the counties of Trinity, Shasta, Del Norte, Siskiyou, Lassen and Modoc, any person finding at any time any estray domestic animal or animals upon his premises, or upon premises to which he has the right of possession, shall not have the right to take up said domestic animal or animals, nor shall he have a lien thereon for all or any of the expenses incurred and costs in keeping and caring for said animal or animals, unless said premises are entirely enclosed with a good and substantial fence. (As amended, Stats. 1915, p. 636.) SEC. 2. Any person taking up an estray animal or animals shall confine the same in a secure place, and within five (5) taken up. days file with the county recorder or county poundkeeper of the county in which such estray is found, a notice containing a description of the animal or. animals taken up, with the marks and brands, if they have any, together with the proba- ble value of each animal, and a statement of the place where the taker-up found, and where he has confined the same. The county recorder or county poundkeeper shall receive for filing said notice the sum of fifty cents. If the value of said animal Publication i T -,-, n . -.of notice. or animals together exceed ten dollars, said notice must also be published in a paper of general circulation within the county at least once a week for three successive weeks, stating the time on which the animal or animals will be delivered to the constable, as provided in section five of this act, or if the finder knows the owner of said animal or the person having charge thereof, then, within five days after said animal is taken up, he shall notify the owner of said animal, or the person having charge thereof, which notice shall contain the same information as the notice to be recorded, and hereinbefore pro- vided, describing said animal so taken up, the date when it was taken up, the place where found, and the place where kept, and no charge shall be made for preparing and serving this notice. This notice shall be in lieu of recording a notice for 106 STATE DEPARTMENT OF AGRICULTURE. Person claiming animal to pay costs, etc. Action over costs, etc. which notice he shall be entitled to the sum of fifty cents. (As amended, Stats. 1915, p. 637.) SEC. 3. At any time within thirty days from the date of the filing of the notice specified in section two of this act, any person claiming such estray animal or animals shall appear and demand from the taker-up the possession thereof, and shall, at the same time, pay the taker-up all damages, expenses and costs incurred by reason of taking up such animal or ani- mals, and upon receiving such damages, expenses and costs, the taker-up shall immediately deliver to the party claiming such animal or animals the possession thereof. Such damages, expenses and costs shall be estimated as follows, to wit: 1. The total amount paid by the taker-up to the county recorder, or county poundkeeper. A reasonable cost for pub- lishing said notice, and a reasonable attorney's fee for pre- paring the said notice not to exceed two dollars and fifty cents. 2. The sum of not to exceed fifty cents per day for the keep- ing and care of each horse, mule, jenny, ass, cow, bull, ox, steer, or calf. 3. The sum of not to exceed fifteen cents per day for the keeping and care of each sheep, goat, hog, or other animal not hereinbefore specified ; provided, that the taker-up of said ani- mal or animals must properly feed and water the same while under his care; an'd if he fails so to do, shall forfeit all right of lien thereon. (As amended, Stats. 1915, p. 637.) SEC. 4. If the party claiming such estray animal or ani- mals is dissatisfied with the amount charged by the taker-up for costs and expenses, he shall tender to the taker-up the proper amount therefor, and if the said tender be refused, the party claiming such estray animal or animals shall within ten days thereafter commence, in the proper court, suit against the taker-up for the recovery -of the possession of such estray animal or animals, in which said action the taker-up may set forth his expenses and costs, and said matter together with accruing expenses and costs to the time of the entry of the judgment, shall be determined by the court in accordance with the provisions of this act, and the amount of all such expenses and costs, and the costs of said action shall be included in any judgment awarded by said court, and such costs in said action shall be in favor of the plaintiff in said action and against said defendant, if the court shall find that the amount tendered by the plaintiff to the defendant was not less than the proper amount; otherwise said costs shall be in favor of the defendant and against the plaintiff. "Without the consent of defendant in any such action, no return of such animal or animals shall be adjudged until the plaintiff shall pay to the defendant or deposit in court payable to him, the amount of all such expenses and costs in said action ; and in case such payment or deposit be not made within ten days after the same shall have been determined by the court, or said action be not prosecuted with diligence, then the said action may be LAWS RELATING TO ANIMAL INDUSTRY. 107 dismissed on motion of defendant without notice; in case of such dismissal, the defendant shall have judgment for his costs. In any such action for plaintiff to recover, it shall be incumbent on him to establish an existing right in himself to the possession of such animal or animals. (As amended, Stats. 1915, p. 638.) SEC. 5. If no person appears and claims the animal or ani- mals taken up within thirty days after the filing of the notice hereinbefore mentioned in section three of this act ; or if a per- son does appear and claims the animal or animals taken up within thirty days after the filing of the notice above referred to, but shall fail to pay to the taker-up the expenses and costs as provided in section three of this act, and shall fail to com- mence and prosecute with diligence an action for the recovery of the possession of such estray animal or animals within the time required by section four of this act ; or if said action shall be dismissed ; then the taker-up shall, in writing, notify a con- stable or other officer of the township or county in which said animal or animals are held, which notice shall specify that he has complied with all the provisions of this act, and that a claimant of said animal or animals has failed to appear and claim the same as herein provided, or if he has appeared that he has failed to pay the expenses and costs and has failed to com- mence or prosecute with diligence an action for the recovery of the possession of such animal or animals within the time and in the manner provided for in this act, or that said action has been dismissed, and that such animal or animals are held by him subject to sale. Said constable, or officer, shall imme- diately proceed to sell such animal or animals at public sale, in conformity with the law concerning sales on execution, and shall be entitled to the same fees as are provided by law for sales under execution. (As amended, Stats. 1915, p. 638.) SEC. 6. Out of the money realized from the sale of estrays, Disposition the constable or other officer shall first retain his fees ; he shall r e f a uzed. y then pay to the taker-up his expenses and costs estimated as provided in section three of this act, or so much thereof as the funds in his hands will permit, and the surplus, if any, he shall pay to the county treasurer to be held by him for the owner of the estray or estrays for which it was received in payment. If any person or persons shall, within one year thereafter, prove to the satisfaction of the board of supervisors of the county in which the estray or estrays were sold, that he or they are entitled to the sum so held by the county treasurer, or any part thereof, the said board of supervisors shall order such sum to be paid over to the person or persons; and if not so proven within one year, then the same shall become a part of the common school fund of said county. (As amended, Stats. 1915, p. 639.) 108 STATE DEPARTMENT OF AGRICULTURE. Title to SEC. 7. All sales made by any constable, or other officer, so als under the provisions of this act, shall convey a good and valid title to the purchaser, and the owner of the estray or estrays so sold shall thereafter be barred from all right to recover the same, except as provided in section six. (As amended, Stats. 1915, p. 639.) L^wutyof SEC. 8. The taker-up of an estray animal or animals shall use reasonable care to preserve the same from injury, but if an estray animal or animals die or escape from the possession of the taker-up at any time while he is holding the same under the provisions of this act, the taker-up shall not be held liable in any manner on account of such animal or animals. (As amended, Stats. 1915, p. 639.) cities not SEC. 9. Nothing in this act shall affect the laws or regula- tions in force or which may be in force regarding estrays, the poundkeeper, or other pound officer wdthin the limits of any city or town where laws regarding estrays are in force. (As amended, Stats. 1915, p. 639.) no)eaied ^ EC - 10. Nothing herein contained shall be held, deemed or construed to repeal an act, entitled "An act concerning lawful fences, and animals trespassing upon premises lawfully enclosed," passed March 30, 1850, 1 nor to repeal an act, entitled "An act concerning lawful fences in the counties of San Ber- nardino, Colusa, Shasta, Tehama and Placer," approved April 18, 1859, 2 in so far as the provisions of said acts, and each thereof, apply to or affect the counties of Trinity, Shasta, Del Norte, Siskiyou, Modoc and Lassen, but as to said counties, and each thereof, said acts are hereby expressly continued in force, it being hereby determined that the present conditions prevailing in said counties last named are such as to justify and demand the continued application of said statutes to said counties. 3 (As amended, Stats. 1915, p. 639.) An act relating to estrays, providing for taking them up and giving a lien o-n them for damages, costs, and expenses incurred by reason of taking them up. (Approved May 27, 1919; Stats. 1919, p. 1150.) Estray SECTION 1. Any person finding at any time any estray anSsmay domestic animal or animals upon his premises, or upon premises be taken up. jo w hich he has the right of possession, may take up the same and have a lien thereon for all expenses incurred and costs in keeping and caring for said animal or animals, as herein- after provided; and no person shall remove them from the possession of the taker-up, or from the possession of the officer 'See page 95 hereof. This act evidently applies to Trinity, Del Norte (separated from Klamath 1857), Siskiyou and Modoc (separated from Siskiyou 1874). 2 See page 99 hereof. This act evidently applies to Shasta and Lassen (separated from Shasta 1864). 3 See Montezuma Imp. Co. vs. Summerly, 28 Cal. App. Dec. 418. LAWS RELATING TO ANIMAL INDUSTRY. 109 to whom they may have been delivered, except as hereinafter provided. SEC. 2. Whenever the term ''premises" is used in this act, "Premises." it shall be construed to mean land entirely enclosed with a good and substantial fence, and none of the provisions of this act shall apply to any unfenced lands. No wire fence shall be deemed a good and substantial fence within the meaning of f e u n b c s e tantial this act unless the same has three tightly stretched barbed defined. wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one rod apart, one of which wires shall be at least four feet above the surface of the ground; provided, however, that any kind of wire or other fence of height, strength and capacity, equal to or greater than the wire fence herein described shall also be deemed a good and substantial fence within the meaning of this act. SEC. 3. Any such lien shall be enforced in the manner Enforcement prescribed by the provisions of sections two to nine inclusive of lien - of the act entitled "An act relating to estrays, providing for taking them up and giving a lien on them for all damages, costs, and expenses incurred by reason of taking them up, and repealing all other acts and parts of acts now in force relating to estrays," approved March 23, 1901,* as amended, which sec- tions are incorporated herein and made a part hereof. SEC. 4. The provisions of this act shall not become operative Election to or effective in any supervisorial district until, at a general election or at a special election called for that purpose by the board of supervisors, the electors of the district shall have declared by a majority vote in favor thereof. The form of the ballot shall be substantially as follows: Shall the provisions of this act become effective ? YES NO To vote for making, effective the provisions of this act, electors shall stamp a cross in the square opposite the word "Yes" on the ballot. To vote against making effective the provisions of this act, electors shall stamp a cross in the square opposite the word "No." Such an election shall be conducted and the ballots cast thereat, counted, canvassed and returned a,s in the case of the election of a member of the county board of supervisors. SEC. 5. Except in such districts as shall hereafter elect to Exceptions, accept the provisions of this act by the method set forth in section four hereof, none of the provisions of any act of this state relative to or affecting estrays shall be repealed, modified or effected hereby. *See page 105 hereof. 110 STATE DEPARTMENT OF AGRICULTURE. Counties excepted. Constitu- tionality. SEC. 6. None of the provisions of the act shall apply to the counties of Del Norte, Lassen, Modoc, Shasta, Siskiyou or Trinity.* SEC. 7. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. DOMESTIC ANIMALS SAVED FROM DROWNING OR STARVATION. For provisions governing duties and rights of persons saving a domestic animal from drowning or starvation see Civil Code, 1864-1872. Trespassing declared unlawful. Recovery of damages. TRESPASS OF ANIMALS. An act concerning trespassing of animals upon private lands in certain counties in the State of California^ (Approved March 7, 1878. Amendments approved May 16, 1919. Stats. 1877-8, p. 176; 1919, p. 524.) SECTION 1. It is unlawful for any animal, the property of any person, to enter upon any land owned by or lawfully in the possession of any person other than the owner of such animal. SEC. 2. The owner of, or person who is in the lawful pos- session of, any land trespassed upon, in violation of this act, is entitled to recover, by action in a court of competent jurisdic- *See note to section 10 of the estray law of 1901, page 108 hereof. t "The act of March 7, 1878 (Stats. 1877-1878, p. 176), 'concerning tres- passing animals upon private lands in certain counties," etc., does not violate section 2, of article I, of the constitution ; nor is it unconstitutional because it gives an attachment for a trespass, without an affidavit, nor because it subjects trespassing animals to attachment which are exempt from execution under the general laws." Wigmore vs. Buell } 122 Cal. 144. "At the common law, every man was bound to keep his beasts within his own close on penalty of answering in damages for injuries resulting from their being permitted to range or run at large. "This rule of the common law was abrogated by the Legislature of this state in 1850 (Stats. 1850, pp. 131 and 214), but in 1863 (Stats. 1863, p 581; amended, Stats. 1871 and 1872, p. 580) the common law rule was restored as to Santa Clara County, and in 1878 (Stats. 1877-1878, p. 176), it was revived in several other counties including Colusa. "With respect to Santa Clara County and the several counties including Colusa mentioned in the Statutes of 1877-1878, the common law rule upon the subject of trespassing animals still prevails in its entirety. It was not abrogated by the estray law of 1901 (Stats. 1901, p. 603), nor by the general law of 1907 (Stats. 1907, p. 999) restoring in part the common law rule. "Therefore, an action for damages for trespass by cattle, can be main- tained in certain counties in which the common law was revived by the act of 1878 (Stats. 1877-1878, p. 176) irrespective of whether or not the land trespassed upon was enclosed or whether or not it was planted to crops or fruits." Blevins vs. Mullally, 22 Cal. App. 519. See, also. HicTcs vs. Butterworth, 30 Cal. App. 562 ; Montezuma Imp. Co. vs. Summerly, 28 Cal. App. Dec. 418. LAWS RELATING TO ANIMAL INDUSTRY. Ill tion, from the owner of, or person in the possession of, or person chargeable with the care of, the trespassing animal or animals, all damage sustained by reason of such trespass, together with costs of suit. SEC. 3. For the purpose of allowing the plaintiff a better suit for security for the payment of any judgment he may recover in jJoJT 868 ' actions brought under the first two sections of this act, all the brought. provisions of the Code of Civil Procedure of this state relating to attachment process shall apply to such actions, subject only to the modifications herein contained, to wit: Instead of filing the affidavit on attachment required by sections five hundred and thirty-eight and eight hundred and sixty-six of said code, the plaintiff is entitled to the issuance of a writ of attachment against the property of the defendant, upon filing his complaint stating a cause of action, verified according to the law concern- ing the verification of pleadings. SEC. 4. No animal is exempt from attachment or execution, ^ ons ' levy and sale, to satisfy a judgment that may be rendered directed, against the owner of such animal for trespass committed by such animal. SEC. 5. When it is not known by the party injured to whom the trespassing animal belongs, then and in that case the tres- passing animal or animals shall also be liable for all damage done by such trespass, which liability may be enforced in the following manner: The party injured may bring an action in rem in the district court of the county directly against the trespassing animal or lot of animals trespassing at the same or different times, whether of the same or different marks or brands. The complaint shall describe the defendant animals to a common certainty, and by marks or brands, if marked or branded ; and in other respects shall state a cause of action, and shall be verified. SEC. 6. The summons in an action in rem must be directed gde of ^ to the defendant animal or animals by like description as in the cedure made complaint, must be signed by the clerk of the court, issued apphc under its seal, and must contain : First The name of the plaintiff, and a designation of the defendant by like description as in complaint, the court in which the action is brought, and the county in which the com- plaint is filed. Second A general statement of the cause of action. Third A direction that an answer in the case must be made to the complaint on file within ten days after a copy of the sum- mons is posted at the courthouse door in said county. Fourth A notice that unless the defendant so answers, the plaintiff will apply to the court for the relief demanded in the complaint. 112 STATE DEPARTMENT OF AGRICULTURE. Sheriff to post copy of summons. Clerk to enter default. District court open for purpose of entering judgment. Continu- ance of SEC. 7. Such summons shall be served by the sheriff of the county, by posting a copy thereof at the courthouse door of the county, and the time in which an answer on the part of the defendant animal must be made is any time within ten days after such service by posting as aforesaid, and the effect of such service of summons shall be that all owners of and any person having any interest in any of such defendant animals are to be as conclusively bound by all the proceedings to be had in the case as though all such persons had been made parties to the suit and personally served with summons. Any person inter- ested in any property sued may appear and defend as to such property ; provided, that the name of any such person so appearing shall be entered as a defendant, and if the plaintiff recover judgment against such property, and the same does not sell for sufficient to pay the same, the unpaid balance may be docketed as a personal judgment against such person so appearing. SEC. 8. If no answer is filed within ten days after the day on which the summons has been posted, then the clerk of the court shall enter the default of the defendant animals so failing, upon proof being filed of the fact of posting of summons by the return of the sheriff indorsed thereon to that effect. SEC. 9. In direct actions against trespassing animals, when the damage claimed is less than fifty dollars and the value of the property sued is less than said sum of fifty dollars, and the complaint in the case is verified, and the defendant makes default, then and in such cases the said district court is always open for the purpose of entering judgment upon such default, though the judge of the court may be absent from the county where the action is pending or presiding in another court in a different county, and upon such verified complaint, return of sheriff, and summons, certificate of entry of default by the clerk, and the depositions of witnesses on the part of plaintiff to be taken before the clerk of the court, after posting notice of taking such depositions two days at the courthouse door, the court shall, upon application of plaintiff, if the court is satisfied that from the proof the plaintiff is entitled to recover, render judgment, within two days after receipt of the papers in the case by the judge, for such amount as may be just, in favor of the plaintiff, and transmit the same to the clerk of the court, who shall enter it in the judgment book of the court, and there- after the plaintiff may cause an execution to issue upon the same. If the 'Court has any reasonable doubt as to the merits of plaintiff's case, it shall be his duty to order the same to be con- tinued for a hearing to such time as the court may fix, when the same can be tried in regular term, with the witnesses in open court. SEC. 10. The plaintiff may procure an attachment against the property defendant in an action in rem, under this act, in the same manner as in cases where the owner is sued, and the undertaking on attachment shall inure to the benefit of the LAWS RELATING TO ANIMAL INDUSTRY. 113 owner of the property defendant if plaintiff fail to recover in the action. SEC. 11. When the plaintiff recovers in an action against court to fix the trespassing animals, the judgment of the court shall fix damages?' the amount due the plaintiff for damages and costs, and if any person has appeared for the defendant property, the name of such person, and shall direct that the defendant property be sold according to law and the proceeds thereof applied to the payment of the expenses of such sale, the amount due plaintiff, and the costs in the case, and that any overplus there may be be paid into court. SEC. 12. Any such overplus so paid into court shall be overplus, paid to the party in good conscience entitled thereto, upon an order of court made for that purpose. SEC. 13. Any person injured by a violation of section one Payment for of this act, may, at his option, distrain and take into his Sw made, possession any trespassing animal or animals and keep the same two days without instituting any legal proceedings under this act, so that he may have proper time in which to make the necessary inquiries as to the ownership of the animals and to determine which remedy given herein he is entitled to; but the owner, or any person having special property in the animal distrained, shall be entitled to the same upon tendering to the distrainer the amount of damage done or an undertaking, with two good and sufficient sureties, in double the amount claimed by the distrainer for damages and cost of keeping, con- ditioned that he will pay to the distrainer all damages he has sustained by reason of such trespass, together with a reason- able sum for care and feed of the animals while distrained, and costs of suit; and as between the parties tendering and receiving such undertaking, such tender and receipt is con- clusive evidence that the party tendering is the owner of the animals distrained and legally chargeable with any damage it may have done to distrainer. SEC. 14. In all other matters than- those in which a different rule is herein prescribed the course of procedure prescribed in the Code of Civil Procedure shall prevail in suits brought under this act. SEC. 15. Whenever any animal is lawfully distrained Care and under section thirteen of this act, then the distrainer shall be distrained entitled to recover -reasonable compensation for care and feed animals - of such animal during .the time of such lawful distrainment; and in actions brought under the provisions of this act, when the plaintiff recovers, then a reasonable sum for keeping any animal levied upon by attachment process or under execution shall be allowed as costs of suit. SEC. 16. This act shall apply to all of that part of the Act made county of San Bernardino, not embraced within the bounda- S certS? ries of the Angeles national forest, and lying south of a line districts. drawn due east and west from the Colorado river to the western boundary line of said county, on the township line S-49649 114 STATE DEPARTMENT OF AGRICULTURE. between townships two and three north, of San Bernardino base line, and shall also apply to Alpine county, and to all that portion of Salmon Falls township, in El Dorado county, lying south of the south fork of the American river, and to the counties of Colusa, and to that portion of Tehama county lying west of the Sacramento river and south of Red Bank creek, and to the counties of Humboldt, Merced, Solano, Santa Barbara, San Joaquin, San Luis Obispo, Sacramento and Los Angeles, and also to the townships of White Oak and Mud Springs, in the county of El Dorado. (As amended, Stats. 1919,. p. 524.) SEC. 17. All acts and parts of acts in so far as the same may conflict with this act, are hereby repealed. SEC. 18. This act shall take effect from and after its passage. TRESPASS ON FENCED LANDS. An act concerning trespassing of animals upon private lands, and the recovery of damages resulting therefrom * (Approved March 23, 1907; Stats. 1907, p. 999.) Trespasser SECTION 1. It is unlawful for any person, firm or corpora- animals upon . . , . & . /v private lands, tion owning, or having possession 01, any animal, to suiter or permit such animal to break into and enter upon any land owned by, or lawfully in the possession of any person, firm or corporation, other than the owner of such animal, in all cases where such land is planted to growing crops, vines, fruit trees or vegetables, and is at the time entirely enclosed by a sub- stantial fence or other enclosure. Action for SEC. 2. The owner of, or person who is in the lawful pos- session of, any land trespassed upon, in violation of this act, is entitled to recover, by action in a court of competent juris- diction, from the owner of, or person in possession of, or person chargeable with the care of, the trespassing animal or animals, all actual damages sustained by reason of such trespass, together with costs of suit. security for SEC. 3. For the purpose of allowing the plaintiff a better ju a dgment f security for the payment of any judgment he may recover in actions brought under the first two sections of this act, all the provisions of the Code of Civil Procedure of this state relating to attachment process shall apply to such actions, subject only to the following modifications, to wit : Instead of filing the affi- davit on attachment, required by sections five hundred and thirty-eight and eight hundred and sixty-six of said code, the plaintiff is entitled to the issuance of a writ of attachment against the property of defendant, upon filing his complaint stating a cause of action under this act, verified according to the law concerning the verification of pleadings. *See note to trespass law of 1878, p. 110 hereof. LAWS RELATING TO ANIMAL INDUSTRY. 115 SEC. 4. No animal is exempt from attachment or execution, levy and sale, to satisfy a judgment that may be rendered against the owner of such animal for trespass committed by such animal. SEC. 5. In all other matters than those in which a different course of rule is herein prescribed the course of procedure prescribed in procedure - the Code of Civil Procedure of this state shall prevail in suits brought under this act. SEC. 6. All acts and parts of acts in conflict with this act Estrayiaw are hereby repealed ; provided, nothing in this act shall be not affected - deemed or construed to repeal an act of the legislature of this state relating to estrays, approved March 23, 1901. SEC. 7. This act shall take effect and be in force from and after its passage. An act to prevent trespass upon real estate by live stock. (Approved May 16, 1919; Stats. 1919, p. 464.) SECTION 1. It shall be unlawful for any person or persons Trespass by to herd or graze any live stock upon the lands of another in pjumas, the counties of Plumas, Lassen and Modoc without having JgjJJJ and first obtained the consent of the owner or owners of the land counties, so to do; provided, that the person claiming to be the owner of said lands has the legal title thereto, or an application to possess the same, with first payment made thereon. SEC. 2.. The live stock which is herded or grazed upon the Damages. lands of another, contrary to the provisions of the first section of this act, shall be liable for all damages done by said live stock while being unlawfully herded or grazed on the lands of another, as aforesaid, together with costs of suit, and said live stock may be seized and held by a writ of attachment issued in the same manner provided by the general laws of the State of California, as security for the payment of any judg- ment which may be recovered by the owner or owners of said lands for damages incurred by reason of a violation of any of the provisions of this act, and the claim and lien of a judgment or attachment in such case shall be superior to any claim or demand which arose subsequent to the commencement of this action. SEC. 3. This act shall not apply to any live stock running Exception, at large on the ranges or commons. 116 STATE DEPARTMENT OF AGRICULTURE. MISCELLANEOUS, FRAUDULENT REGISTRATION OF LIVE STOCK. Penal Code. 537a. Every person who by any false or fraudulent pretense obtains from any club, association, society, or com- pany, organized for the purpose of improving the breed of cattle, horses, sheep, swine, or other domestic animals, a certificate of registration of any animal in the herd register, or any other register of any such club, association, society, or company, or a transfer of any such registration, and any person who, for a valuable consideration, gives a false pedigree of any animal, w r ith intent to mislead, is guilty of a misde- meanor. (As amended, Stats. 1905, p. 685.) RECORD OF LIVE STOCK SALES AT AUCTION. Political Code. 3505. Every auctioneer who sells any animal of the horse kind, or any mules, must keep a book, in which he must register the name of each and every person bringing or offer- ing any horse or mule to be sold, and the name of the person purchasing such horse or mule, together with the date of such sale, and a description of each horse, or mule sold, together with the marks and brands. The book is a public record, subject to the inspection of any person desiring to inspect the same. LIEN FOR CARE OF LIVE STOCK. Civil Code. 3051. Every person who, while lawfully in possession of an article of personal property renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service; a person who makes, alters, or repairs any article of personal property, at the request of the owner, or legal possessor of the property, has a lien on the same for his reasonable charges for the balance due for such work done and materials fur- nished, and may retain possession of the same until the charges are paid; and livery or boarding or feed stable proprietors, and persons pasturing horses or stock, have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, or pasturing such horses or stock; * * * and veterinary proprietors and veterinary surgeons shall have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals; * * *. (As amended, Stats. 1911, p. 887.) LAWS RELATING TO ANIMAL INDUSTRY. 117 TAMPERING WITH ANIMALS ON EXHIBITION. An act to prevent tampering ivith animals, and to prevent the giving or administering of poison or drugs to horses, cattle, dogs, animals, and other live stock, except for medicinal purposes, and making the same a misdemeanor. (Approved March 23, 1901; Stats. 1901, p. 553.) SECTION 1. It shall be unlawful for any person or persons, unlawful to except for medicinal purposes, to administer any poison, drug, X3sn h medicine, or other noxious substance, to any horse, stud, mule, exhibition, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, e animals, or other live stock, entered or about to be entered in any race or upon any race course in the State of California, or entered or about to be entered at or with any agricultural park, or association, race course, or corporation, or other exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or other reward, or to expose any such poison, drug, medicine, or noxious substance, with intent that the same shall be taken, inhaled, swallowed, or otherwise received by any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live stock with intent to impede or affect the speed, endurance, sense, health, physical condition, or other character or quality of such above men- tioned animal, or other live stock. SEC. 2. It shall be unlawful for any person or persons to cause to be taken by or placed upon or in the body of any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live stock entered or about to be entered in any race upon any race course in the State of California, or entered or about to be entered at or with any agricultural park, association, race course or corporation, or other exhibition for competition for prize, reward, purse, pre- mium, stake, sweepstakes, or other reward, any sponge, wood, or foreign substance of any kind, with intent to impede or affect the speed, endurance, sense, health, physical condition, of such horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or othe.r live stock. SEC. 3. Any person or persons who shall violate any of the Penalty. provisions of sections one or two of this act shall be guilty of a misdemeanor. SEC. 4. All acts or parts of acts in conflict with the pro- Bepeai. visions of this act are hereby repealed. SEC. 5. This act shall take effect immediately. 118 STATE DEPARTMENT OP AGRICULTURE. "Commercial feeding stuffs" defined. Exceptions. Standards. Label for parcels. Contents of label. COMMERCIAL FEEDING STUFFS. An act to define commercial feeding stuffs and to establish a standard therefor, providing for the 'branding and labeling of same, empowering the state board of health to enforce the provisions of the a-ct and providing penalties for the viola- tion of same. (Approved May 16, 1919; Stats. 1919, p. 551.) SECTION 1. The term "commercial feeding stuffs" shall be held to include all feeding stuffs used for feeding live stock and poultry, except the following : (a) Whole seeds or grains. (b) The unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kaffir, milo and light rice; provided, that light rice shall be labeled "light rice" when ground. (c) Whole hays, straws, cottonseed hulls and corn stover, when unmixed with other materials. (d) All other materials containing sixty per centum or more of water. SEC. 2. The standards for commercial feedings stuffs shall be the latest revision of the definitions of feeding stuffs adopted by the association of feed control officials of the United States. SEC. 3. Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying : (a) The net weight of the contents of the package, lot or parcel ; (b) The name, brand or trade-mark; (c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market ; (d) The minimum per centum of crude protein; (e) The minimum per centum of crude fat; (f) The maximum per centum of crude fiber; (g) The maximum per centum of ash; (h) The specific name of each ingredient used in its manu- facture. (i) The per centum of such ingredients as corn cobs, corn bran, oat hulls, barley hulls, rice hulls, ground light rice, alfalfa meal or similar materials, when such constitute a portion of th^ package, lot or parcel. (j) In the case of poultry feeds, the per centum of grit or mineral matter they contain. The crude protein, crude fat, crude fiber and ash shall be determined by the methods in force at the time by the associa- tion of official agricultural chemists of North America. LAWS RELATING TO ANIMAL INDUSTRY. 119 SEC. 4. The state board of health and its agents and inspection inspectors shall have free access to all places of business, bowtfof mills, buildings, carriages, cars, vessels and parcels of what- health - soever kind used in the manufacture, transportation, importa- tion, sale or storage of any commercial feeding stuffs, and shall have the power and authority to open any parcel containing or supposed to contain any commercial feeding stuffs, and upon tender and full payment of the selling price of said sample, to take therefrom samples for analysis. The methods of analysis shall be those in force at the time by the association of official agricultural chemists of North America. SEC. 5. Commercial feeding stuffs shall be deemed adulter- Adulterated, ated if they do not conform to the analysis declared on the label or tag. SEC. 6. Commercial feeding stuffs shall be deemed mis- labeled if they are not labeled or tagged in accordance with the provisions of section three of this act. SEC. 7. If it appears that any of the provisions of this act has been violated, the state board of health shall certify the of act - facts to the proper prosecuting attorney and furnish that officer with a copy of the result of the analysis or other exami- nation of such feeding stuffs duly authenticated by the analyst or other officer making the determination, under the oath of such officer; provided, that it shall appear from any such examination that any of the provisions of this act has been violated the state board of health shall cause notice to be given to the manufacturer or dealer from whom said sample was taken; any party so notified shall be given an opportunity to be heard in his defense under such rules and regulations as may be prescribed by the state board of health before the facts shall be certified to the proper prosecuting attorney. In all prosecutions arising under the provisions of this act, certifi- cates of the analyst or other officer making the examination or analysis, when duly sworn to by such officer, shall be prima facie evidence of the fact or facts therein certified. SEC. 8. Any manufacturer, importer, jobber, firm, associa- tion, corporation or person who shall sell, offer or expose for sale, or distribute in this state, any commercial feeding stuffs without having attached thereto or furnished therewith such labels or tags as required by the provisions of this act, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said state board of health or its authorized agent in the performance of its duty in connection with the provisions of this act, or who shall sell, offer or expose for sale or dis- tribute in this state any commercial feeding stuffs as defined in section one, without complying with the requirements of the provisions of this act, or who shall sell, offer or expose for sale or distribute in this state any commercial feeding stuffs which contains a smaller per centum of crude protein or crude fat or a larger per centum of crude fiber or ash than is certi- fied to be contained therein, or who shall fail to properly state the specific name of each and every ingredient used in its manu- 120 STATE DEPARTMENT OF AGRICULTURE. One-half of fines paid to state treasurer. Guaranty of wholesaler. General guaranty. Special guaranty. facture or who shall fail to properly state the per centum of such ingredients as corn cobs, corn bran, oat hulls, barley hulls, rice hulls, ground light rice, alfalfa meal or similar materials, when such constitute a portion of the package, lot or parcel, or the per centum of grit or mineral matter in poultry feeds shall be deemed guilty of a violation of the provisions of this act and upon conviction thereof shall be fined not more than one hundred dollars for the first violation and not less than one hundred dollars for each subsequent violation. Any manu- facturer, jobber, importer, firm, association, corporation or person who shall mix or adulterate any feeding stuffs with any substance or substances injurious to the health of live stock or poultry shall be deemed guilty of a violation of the provisions of this act, and in addition to the penalty provided in this section, the lot of feeding stuffs shall be subject to seizure, condemnation and sale as the court may direct. The court may in its discretion release the feeding stuffs so seized when the requirements of the provisions of this act have been com- plied with, and upon payment of all costs and expenses incurred by the state in any proceedings connected with such seizure. One-half of all fines, and the proceeds from con- demned foodstuffs collected by any court or judge for the violations of the provisions of this act shall be paid to the state treasurer, and the state treasurer shall deposit such money to the credit of the fund for the maintenance of the state laboratory, to be drawn against by warrants of the state controller upon claims which shall be approved by the state board of health and the state board of control. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party, residing in the United States, from whom he purchased such commercial feeding stuffs to the effect that the same are not adulterated, mislabeled or misbranded within the meaning of this act, and can also establish by satisfactory evidence that the commercial feeding stuffs sold, offered or exposed for sale or distributed in this state were mislabeled or did not conform to the analysis declared on the label or tag affixed thereto, and that at the time of selling, offering or exposing for sale or distributing in this state such commercial feeding stuffs the dealer was not aware of that fact; such guaranty may be either general or special. A general guaranty shall guarantee without condi- tion or restriction all of the commercial feeding stuffs pur- chased, prepared, compounded, packed, distributed or sold by the guarantor as not mislabeled or adulterated within the meaning of this act. A special guaranty shall guarantee in the same manner the particular commercial feeding stuffs listed in an invoice of the same and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protec- tion must contain the name and address of the party or parties making the sales of such commercial feeding stuffs to said LAWS RELATING TO ANIMAL INDUSTRY. 121 dealer. If the guaranty be to the effect that such commercial when state feeding stuffs are not adulterated, mislabeled or misbranded hiSerUian within the meaning of the national pure food act, approved national - June 30, 1906, it shall be sufficient for the purposes of this act and have the same force and effect as though it referred to this act, except that a guaranty referring to the said national pure food act alone shall not be sufficient for the purposes of this act in any case where at any time the standard for the commercial feeding stuffs concerned under this act is higher than the standard for like commercial feeding stuffs under said national pure food act. In case the wholesaler, jobber, manu- facturer or other party making such guaranty to said dealer resides without this state and it appears from the certificate of the director of the state laboratory that such commercial feed- ing stuffs were adulterated, mislabeled or misbranded, within the meaning of this act or the national pure food act approved June 30, 1906, the district attorney must forthwith notify the attorney general of the United States of such violation. SEC. 9. The state board of health is hereby empowered to Enforcement, enforce the provisions of this act and to prescribe the form of tags, or labels to be used, and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as it may deem necessary to carry into effect the full intent and meaning of this act. SEC. 10. This act shall take effect on the first day of in effect November, 1919 SEC. 11. All acts or parts of acts in conflict with the pro- Repealed, visions of this act are hereby repealed. EXAMINATION OF VETERINARIANS. For the act regulating the licensing of practitioners of veter- inary medicine by the state board of examiners in veterinary medicine, see Stats. 1907, p. 919; Stats. 1913, p. 572. INDEX. ADULTERATION. PAGE commercial feeding stuffs 119 dairy products, unlawful to sell adulterated 42 defined 43 imitation milk 55 AGRICULTURE, DEPARTMENT OF. animal industry, division of 7 attorney general legal adviser 9 boards superseded by 9 director. appointment, salary, bond 7 appointments by 7 money on hand, authority to spend 10 powers and duties 8 report to governor 9 divisions established 7 laws to be enforced by 10 traveling expenses 8 ANIMAL INDUSTRY, DIVISION OP. duties transferred. cattle protection board (Note) 68 dairy bureau, state (Note) , 32 stallion registration board (Note) 77 veterinarian, state (Note) 11 organization of 7 ANIMALS. See, also, DISEASES OF ANIMALS. borrowed, treatment of. C. C., Sec. 1887 89 corralling on borders of stream, etc., prohibited. Pen. C., Sec. 374 26 cruelty to - 85, 94 dead. burial 26 cremation 26 streets, etc., leaving in. Pen-. C., Sec. 374 26 diseased. disposition of 26 report to state veterinarian. Pen. C., Sec. 402e 27 sale of. Pen. C., Sec. 402 27 separate enclosure for. Pen. C., Sec. 402d 27 drowning, care of animal saved from 110 imported. certificate of health 14 exemptions from regulation 15 penalty for violating regulations 16 quarantine against 15 injuries, liability for. C. C., Sees. 3340-3341 90 killing for entering unenclosed land; damages 96 railroad, permitting to graze along; penalty. Pen. C., Sec. 369e__ __85, 104 starvation, care of animal saved from 110 tampering with 117 transportation, care during. Pen. C., Sec. 369& 85 ANTHRAX. report of infected animals. Pen. C., Sec. 402e 27 APHTHOUS FEVER. report of infected animals. Pen. C., Sec. 402e 27 AUCTION. record of sale of horses and mules. Pol. C., Sec. 3305 116 BABCOCK TEST. standard glassware to be used 40 fee for testing glassware, etc., by state department of agriculture 40 BACTERIA. number of, permissible in milk 60, 61 BAKERIES. imitation milk, display of sign where served oleomargarine, use of 35 BLACKLEG. report of infected animals. Pen. C., Sec. 402e 27 BOARDING HOUSES. dairy products law, subject to 50 124 INDEX. BOAR. PAGE running at large; penalty. Pen. C., Sec. 597fir 88 BOOPHILUS ANNULATUS TICK. extermination of 16 BORAX. use of, prohibited 47 BOTTLES. sterilization 29, 30 BRANDS. auctioneer's record. Pol. C., Sec. 3305 116 cattle. fee for recording 69 inspection 72, 73 protection 69 changing or defacing. Pen. C., Sees. 357, 357 76 counterbrand on sale of animals. Pol. C., Sec. 3182 75 fraudulent, report of. Pol. C., Sec. 3184 75 perpetuation of - 75 time of branding. Pol. C., Sec. 3172 74 transcripts to adjoining counties. Pol. C., Sec. 3169__. 74 unrecorded, use of; penalty. Pol. C., Sec. 3183 75 written descriptive bill of sale. Pol. C., Sec, 3182 75 BRISTLE BUR. use of unlawful 90 BULLS. fighting for amusement prohibited. Pen. C., Sec. 597& 86 importation 14 public service. county license. Pol. C., Sec. 3385 84 lien for. C. C., Sees. 3062-3064 83, 84 running at large; penalty. Pen. C., Sec. 597r/ 88 BUR. use of unlawful 90 BUTCHER. record of meat purchased 71 BUTTER. certified, act regulating 64 defined 44 imitation. labeling of 34 possession of, when unlawful 36 records necessary by those handling 38 sale of prohibited, when 33 sample seized for analysis 36 imported. defined * 57 marking of 57 penalty for violation of act 57 sign in places selling 57 milk from reacting cows, when permitted 58 pasteurized. misrepresentation unlawful 31 reacting cows, product of milk from 58 renovated. defined 36 license for sale of 36 packages to be labeled 36 possession of, when unlawful 36 records necessary by those handling 38 sale of, by pound 31 unclean, sale prohibited 28 wrappers, correct designation on 32 BUTTER FAT. defined 44 tests, false reports; penalty 39 BUTTERINE. See, also, OLEOMARGARINE. use of word unlawful, when 35 BUTTERMILK. defined 44 pasteurized, misrepresentation unlawful 31 CANS. sterilization of ! 29 INDEX. 125 CARCASS. PAGE leaving in streets, rivers, etc. Pen. C., Sec. 374 CATTLE. boophilus annulatus tick, extermination of brands, record of 69 dairy. annual report of number care of approved by inspecting department diseased, sale of milk from, prohibited 28 tuberculin test ~-58, 60, 62 dipping for tick importation range, driving off; penalty registered pure bred cattle not subject to brand act sale of range cattle shipment, inspection of brands before slaughtering, inspection before 72 transportation, care during. Pen. C., Sec. 369& 85 CATTLE PROTECTION BOARD. See Note, page 68. powers, duties, etc 68 powers transferred to department of agriculture 9 CERTIFIED MILK AND MILK PRODUCTS. regulation of 64 CHARITABLE INSTITUTIONS. imitation butter, etc., use of prohibited in 33, 36 CHEESE. branding certified, act regulating 64 defined 44 factories. annual report registration of 31 grades 49 imitation. defined 33 labeling of possession of, when unlawful records necessary by those handling sample seized for analysis 36 pasteurized. misrepresentation unlawful __ reacting cows, product of milk from sale of, unlawful unless branded milk from non-tuberculin tested cows permitted in manufacture of 58 CHEMICALS. use of, to prevent souring, prohibited 58 COLD STORAGE COMPANIES. license and records for handling oleomargarine, etc 38 COLORING MATTER. butter and cheese, use of permitted in manufacture 33, 48 oleomargarine, use of prohibited in manufacture of 37 milk, cream, etc., use of prohibited in 48 COMMERCIAL FEEDING STUFFS. defined, standards, etc 118 CONDENSED MILK. See MILK, Condensed. CONTAINERS. sterile, to be used in delivery of milk . 60 COUNTERBRANDS. See BRANDS. COUNTY, clerk. docked horses, registration of. Pen. C., Sec. 597& 86 humane officers, record of. C. C., Sec. 607^ license of animals used for propagation. Pol. C., Sec. 3385 live stock inspectors in. Pol. C., Sees. 4056a, 4149, 4149a__ milk commissions milk inspection service nonresident's herding license recorder. marks and brands, record of. Pol. C., Sees. 3168, 3169__ 74 perpetuation of marks and brands 75 sheep herding, restriction on license tax COWS. See CATTLK, Dairy. 126 INDEX. CREAM. PAGE certified, act regulating 64 coloring matter or gelatin prohibited in defined 43 evaporated, defined gallon measure for 31 milk from reacting cows, when permitted 58 pasteurized, sale of 58 testing of 40 unclean, sale prohibited 28 CREAMERIES. annual report 32 registration of 31 unsanitary, defined 30 use of word unlawful, when 35 utensils used in, must be sterilized 30 CRUELTY TO ANIMALS. borrowed animal, treatment of. C. C. f Sec. 1887 89 bur, use unlawful 90 complaints for violating law. C. C., Sec. 607b 91 docking tails of horses; penalty. Pen. C., Sees. 597a-597c 86 fighting, training for. Pen. C., Sec. 597c 87 fighting for amusement prohibited. Pen. C., Sec. 597b 86 food, depriving of; penalty. Pen. C., Sec. 597 85 game laws not affected. Pen. C., Sec. 599c 89 humane officers. C. C., Sec. 607f 91 neglect; penalty. Pen. C., Sec. 597f 88 overloading; penalty. Pen. C., Sec. 597 85 overworking; penalty. Pen. C., Sec. 597 85 pound, feeding in. Pen. C., Sec. 597e 87 prosecution for violating laws. Pen. C., Sec. 599a 88 shelter, depriving of; penalty. Pen. C., Sec. 597 85 societies for prevention. C. C., Sees. 607-607^ 91 unfit for work, killing when. Pen. C., Sec. 599e 89 DAIRIES. annual report diseases among cattle, report of 51 registration of 31 score card 63 scoring of, for grade A milk 60 unsanitary defined 29 use of word unlawful, when 35 DAIRY BUREAU, STATE. See Note, page 32. cheese brands, furnished by 49 dairy products, enforcement of act regarding 51 diseases among cattle, report of 52 employees, appointment and qualification of 52 imitation milk act, enforcement of 56 inspection of dairies 51 milk inspection service approved by 59 oleomargarine. license for sale of 36, 37 record of sales 38 samples delivered, when 36 pasteurization thermometers, subject to approval of 44 powers transferred to department of agriculture 9 pure milk law, enforcement of 62 registration of dairies 31 rules and regulations, authorized to make 62 statistics blanks for dairies furnished by . 32 statistics compiled by 51 unsanitary conditions, complaint by 51 weights and measures, examined by 40 DAIRY PRODUCTS. adulterated, sale or serving of, unlawful 42 imitation, records required of those handling 38 pasteurized, misrepresentation unlawful 31 DAIRY SCORE CARD 63 DAIRY STATISTICS. annual report of 32 dairy bureau, state, authorized to compile 51 DAIRYMEN. wearing apparel, cleanliness of . 30 INDEX. 127 DEAD ANIMALS. See ANIMALS, Dead. DISEASES OF ANIMALS. PAGE boophilus annulatus tick, extermination of_ 16 dairy cattle, report of 52 imported animals; certificate of health 14 inspection 12 quarantine against 12, 13, 15 rabies, control of 20 reportable diseases. Pen. C., Sec. 402e 27 tick, extermination of 16 DOGS. fighting for amusement prohibited. Pen. C., Sec. 597& 86 killing for injuring sheep, etc. C. C., Sec. 3341 90 license tax for rabies control^ '21 rabies, control of ' 20 sheep, injuries to ; liability for. C. C., Sec. 3341__ 90 DRUGS. animals on exhibition, giving to 117 EARMARKS. See, also, BRANDS. certain marks prohibited. Pol. C., Sec. 3171 74 ESTRAYS. costs for care of 106 lien for care of 105, 109 local laws ; Note 95 local option estray law 108 sale of unclaimed animals 107 taking up 105 EVAPORATED MILK. See MILK, Evaporated. FACTORIES, DAIRY. unsanitary, defined 30 FARCY. disposition of animals dying from 26 killing of infected animals. Pen. C., Sec. 402& 27 sale of animal infected with. Pen. C., Sec. 402 27 FAT. See BUTTER FAT. FEEDING STUFFS. defined, standards, etc j_ 118 FEES. Babcock glassware, testing of 40 brands, recording 69, 74 butter, imitation, etc., license to sell 37 butter fat, license for receiving milk on basis of 39 disposition of, by state dairy bureau ___38, 40 imitation milk license 55 meat inspection 66 milk tester's license 39 nonresident's herding license ! 93 oleomargarine license 37 sheep herding, license for 94 slaughterhouse. inspection 66 license of 70 stallion registration 82 FENCES. brush fences described 97, 102 destroying, etc.; penalty. Pen. C., Sec. 602 (8) - 103 ditch and pole fence described 96 ditch fence described 97, 99, 102 gate, penalty for leaving open. Pen. C., Sec. 602 (8) 103 hedge fences described 97, 102 lawful; defined 95, 96, 99, 101, 109 local laws ; Note 95 paling fence described 97 partition. construction, cost of 97, 100, 102 location on line 98, 100 maintenance . 98, 100, 102, 103 picket fence described 96, 99, 102 pole fence described 96, 102 post and rail fence described 96, 97, 99 post and slat fence described 97, 102 railroads to maintain along track. C. C., Sec. 485 104 stone fence described 99, lOl wire fence described 96, 102, 109 worm fence described 97, 102 128 INDEX. FRUIT ICE CREAM. PAGE defined 44 GATES. fences, penalty for leaving open along railroad. Pen. C., Sec. 369d 104 GELATIN. use of in milk, etc., prohibited 47 GLANDERS. disposition of animals dying from 26 killing of infected animal. Pen. C., Sec. 402& 27 report of infected animals. Pen. C., Sec. 402e 27 sale of infected animal. Pen. C., Sec. 402 27 GOATS. branding, time of. Pol. C., Sec. 3172 74 buck goat running at large; penalty. Pen. C., Sec. 5$7g 88 killing, etc., by dog; liability for. C. C., Sec. 3341 90 GRAZING. nonresident's license 93 owner's consent required in certain counties 115 railroad tracks, along; penalty. Pen. C., Sec. 369e 85,104 HEALTH, STATE BOARD OF. commercial feeding stuffs, regulation of 118 dairies, etc., inspection 50 pasteurization thermometers subject to approval of 44 pure milk law, aid in enforcement 62 rabies, control of L 20 HERDING. nonresident's license 93 owner's consent required in certain counties 115 sheep ; limitation on license tax. 94 HIDES. retention of 72 shipments, certificate before 72 HOGS. branding, time of. Pol. C., Sec. 3172 74 cholera. report of. Pen. C., Sec. 402e 27 serum, distribution of 23, 24 swine plague, report of. Pen. C., Sec. 402e 27 transportation, care during. Pen. C., Sec. 369& 85 HORSES. auction, record of. Pol. C., Sec. 3305 116 branding, time of. Pol. C., Sec. 3172 74 breeding, encouragement and information 83 bur, use of unlawful 90 docked. imported animals. Pen. C., Sec. 597d importation penalty for docking tails. Pen. C., Sec. 599d 89 registration. Pen. C., Sec. 597& 86 unregistered; penalty for having. Pen. C., Sees. 597a, 597c 86 HOSPITALS. imitation butter, use of prohibited 33 HOTELS. adulterated dairy products in 43, 50 imitation butter, use of prohibited imitation milk, display of sign where served 55 milk may be sold by, how 31 oleomargarine, use of 34, 35 HUMANE OFFICERS. appointment, powers, etc. C. C., Sec. 607f 91 HUNTING. enclosure, entering without owner's permission. Pen. C., Sec. 602 (9) 104 wounding animal belonging to another. Pen. C., Sec. 384c 85 ICE CREAM. certified, act regulating 64 defined 44 manufacturer. annual report of registration of 31 milk from reacting cows, when may be used 58 milk product pasteurized, misrepresentation unlawful 31 sale of, misrepresentation unlawful 48 INDEX. 129 ICE MILK. PAG defined. i 44 purchaser of, must be informed 48 receptacles for, must be labeled 48 sale or service of, conditions 47 signs to be posted by sellers of 48 IMITATION MILK. See MILK, Imitation. IMPORTED ANIMALS. See ANIMALS, Imported. IMPORTED BUTTER. See BUTTER, Imported. INSPECTORS OF DIPPING SHEEP. employment; appropriation 20 INSTITUTIONS, CHARITABLE AND PENAL. butter and cheese used in 36 JACKS. See, also, MULES. diseases of - 77, 78 enrollment 78 license certificate. crossbred 80 display of 78 false or erroneous, investigation 82 fee for 82 grade 80 mongrel 81 nonstandard bred 81 purebred 79 license for public service 77 pedigree, certificate of registry 78 public service. county license. Pol. C., Sec. 3385 84 enclosure in cities. Pen. C., Sec. 5970 88 lien for. C. C., Sees. 3062-3064 83, 84 LABELS. assembled dairy products butter, imported 57 butter, name of producer on commercial feeding stuffs 118 dairy products, conformity with provisions 43 erasing of, unlawful 35 ice milk 48 imitation milk 54 milk grades 59 oleomargarine . 34 skimmed milk 45 LARD EXTRACTS. See OLEOMARGARINE. LICENSE. butter fat, receiving milk, etc., on basis of 39 butter, imitation, etc., manufacture and sale 37 fees, disposition of hog serum, preparation of 24 imitation milk 55 milk tester 39 oleomargarine, sale of 36, 37 slaughtering cattle 70 LIENS. animal, abandoned, care of. Pen. C., Sec. 597f 88 care of stock in transit. Pen. C., Sec. 369& cattle, expenses of dipping for tick 17 estrays, care of 105, 109 pasturing stock. C. C., Sec. 3051 _ 116 sheep, expenses of dipping for scabies 19 sick animal, care of. Pen. C., Sec. 597/ So stable proprietor. C. C., Sec. 3051 116 stallion, jack, etc., public service. C. C., Sees. 3062-3064__ team taken up for unnecessary suffering, care of. Pen. C., Sec. 597a veterinarian. C. C., Sec. 3051 116 LIVE STOCK. See ANIMALS, names of particular animals. fraudulent registration. Pen. C., Sec. 537a__ _ 116 nonresident's herding license 93 imported, inspection of 14 LIVE STOCK, INSPECTORS OF. appointment, etc. Pol. C., Sees. 4056, 4149, 4149a__ 27 MARKS. See BRANDS. MEASURES. See WEIGHTS AND MEASURES. 9_49649 130 INDEX. MEATS. PAGE inspection at slaughterhouse 65 MILK. adulterated. defined 43 sale of unlawful 42 bottles, must be sterilized 31 certified. act regulating 64 certificate of milk commission 64 director to enforce act 10 marking of 64 sale of, when unlawful 64 coloring matter or gelatin in, prohibited 47 condensed. adulterated, sale of unlawful 42 coloring matter or gelatin prohibited in 47 defined 43 condensaries. annual report of 32 standard of purity 53 cooling of, after milking 30 disposition of, when not fit for human consumption 61 evaporated. See MILK, Condensed. gallon measures for 31 grade A. defined 60 misrepresentation unlawful 59 grade B. defined 61 misrepresentation unlawful 59 guaranteed 60 imitation. adulterated, when deemed 55 defined 53 labeling of 54 license for handling 55 manufacture and sale 54 impure. defined : 59 sale of, act to prevent 58 inspection service 59, 61 pasteurized. misrepresentation unlawful 31 process defined 44 unlawful to sell unless 58 product of. defined 42 sale of --- 43 sale of. hotels and restaurants 31 measure for 31 procedure when not operating under inspection department 62 wholesale, pasteurization unnecessary 58 samples of, must be in duplicate 51 skimmed. cheese manufactured from, permitted--. defined 43 labeling of 45 tuberculin testing of cows 58, 60, 62 unclean, sale prohibited 28 unfit for human consumption, to be marked 59, 61 uninspected, unlawful to sell 59 MILK HOUSE. sanitary, defined 29 utensils must be sterilized 30 MILK WAGONS. owner's name and address to be printed on 47 MULES. See, also, JACKS. auction, record of. Pol. C., Sec. 3305 116 branding, time of. Pol. C., Sec. 3172 74 importation 14 MYCOTIC LYMPHANGITIS. report of infected animals. Pen. C., Sec. 402e 27 INDEX. 131 NUT ICE CREAM. PAQ defined 44 OFFAL. leaving in streets, rivers, etc. Pen. C., Sec. 374 26 OLEOMARGARINE. colored, sale prohibited 33 cow, representation on package unlawful 35 labeling of 34 license necessary for sale of 36, 37 packages of, how marked 34, 36 possession of. knowledge of, when unmarked^ 1 35 unlawful, when 36 records of sale. form of, etc 38 inspection of, unlawful to interfere with 50 sale of, conditions covering 35 sample seized for analysis, when 36 serving of, in public places 35 shipping of : 34 OVERLOADING ANIMAL. penalty. Pen. C., Sec. 597 85 OVERWORKING ANIMAL. penalty. Pen. C., Sec. 597 85 PAILS. sterilized whenever used 30 PARTURITION. milk not to be sold before or after 29 PA STEURIZATION. apparatus must be clean 44 milk from tubercular cows 58 process of, defined 44 records, preservation of 32, 44 PENAL INSTITUTIONS. imitation butter, etc., use of prohibited in 33, 36 PENALTIES. assembled dairy products, unlawful sale of 47 brand. altering. Pen. C., Sees. 357, 357 ___ 76 unrecorded, using. Pol. C., Sec. 3183 75 butter, imported; unlawful sale of 57 cattle, driving off range 73 cattle tick, selling animals infected with 16 certified milk, unlawful sale of 65 commercial feeding stuffs, unlawful sale of 119 cruelty to animals 85, 89 dairy products, violating law relating to 50, 51 dead animals. disposition of 26 street, stream, etc., deposit in. Pen. C., Sec. 374 26 diseased animals. enclosure, failure to keep in. Pen. C., Sec. 402d 27 failure to kill. Pen. C., Sec. 402& 27 report of, failure to make. Pen. C., Sec. 402t? 27 sale. Pen. C., Sec. 402 27 fence, damaging. Pen. C., Sec. 602 (8) . 103 gate, leaving open. Pen. C., Sec. 602 (8) 103 hog serum, unlawful use of 23, 25 hunting without permission. Pen. C., Sec, 602 (9) 104 imitation milk, unlawful sale of 56 imported animals, violating regulations governing 16 meat inspection stamps, unlawful use of 68 nonresident, grazing sheep without license 94 pure milk law, violation of : . 61 quarantine, violating 14 railroad. gate, leaving open on. Pen. C., Sec. 369d 104 grazing animal along. Pen. C., Sec. 369e 104 registration, fraudulent. Pen. C., Sec. 537a 116 scabies, selling animals infected with 18, 19 stallion registration, violation of regulations '. 82 tampering with animals . 117 POISON. animal on exhibition, giving to 117 132 INDEX. POUNDS. PAG food and water supplied to animals. Pen. C., Sec. 597e 87 QUARANTINE. diseased animals 12 rabies 21 RABIES. control of 20 RAILROADS. animals killed, liability for. C. C., Sec. 485 104 fences along track. C. C., Sec. 485 104 grazing animals along tracks, penalty. Pen. C., Sec. 369e 85, 104 stock, care of during transportation. Pen. C., Sec. 369& 85 RAM. running at large; penalty. Pen. C., Sec. 597<7 SS RANCHMAN. record of slaughtered cattle 72 slaughtering without license permitted 72 RANGE. denned 73 driving cattle off; penalty 73 REGISTERED LIVE STOCK. fraudulent; penalty. Pen. C., Sec. 537a 116 stallions, jacks, certificates for 78 RENNET. cheese, use of permitted in 33 RESTAURANTS. adulterated dairy products, serving of unlawful 42 application of dairy products act to 50 imitation butter, serving of prohibited 33 imitation milk, display of sign where served 55 milk may be sold, how 31 oleomargarine. license required for serving 37 patrons notified when served 35 SALOONS. imitation milk, display of sign where served 55 oleomargarine, patrons notified when served 35 SCABIES. eradication of 18 SCORE CARD, DAIRY FARM : 63 SHEEP. branding, time of. Pol. C., Sec. 3172 74 inspectors of dipping sheep 20 killing or injuring by dog; liability for. C. C. f Sec. 3341 90 license for herding, restriction on 94 scabies, dipping for 18 transportation, care during. Pen. C., Sec. 369& 85 SHEEP SCAB. report of infected animals. Pen. C., Sec. 402e 27 SLAUGHTERHOUSES. inspection of : 65 license to conduct 70 SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS. organization, powers, etc. C. C., Sees. 607-607f 91 STALLIONS. disease, examination for 77 diseases to be specified 78 enrollment 78 license certificate. crossbred SO display of 78 false or erroneous, investigation 82 fee for 82 grade 80 mongrel __ 81 nonstandard bred 81 pure bred 79 license for public service i 77 pedigree, certificate of registry 78 public service. county license. Pol. C. f Sec. 3385 84 enclosure in city. Pen. C., Sec. 597fir ' 88 lien for. C. C., Sees. 3062-3064 83, 84 running at large; penalty. Pen. C., Sec. 597# 88 INDEX. 133 STALLION REGISTRATION BOARD. See Note, page 77. PAGE powers, duties, etc 77 powers transferred to department of agriculture 9 STATE BOARD OP HEALTH. See HEALTH, STATE BOARD OF. STATE DAIRY BUREAU. See DAIRY BUREAU, STATE. STATE INSTITUTIONS. butter and cheese used in 36 STATE VETERINARIAN. See VETERINARIAN, STATE. STERILIZATION. method of, for dairy utensils, etc 30 STORE, UNSANITARY. milk handled in, not to be sold 28 SWINE. See HOGS. TACK BUR. use unlawful 90 TALLOW EXTRACTS. See OLEOMARGARINE. TESTS. false, misdemeanor 39 fee for testing glassware ' 40 license for testing 39 tuberculin ' 58, 60, 62 TEXAS FEVER. disposition of animals dying from 26 report of infected animals. Pen. C., Sec. 402e 27 THERMOMETERS. approval of 44 TICK. cattle, extermination of < 16 TRESPASS. damages for 110 fenced lands; damages 114 grazing on lands without owner's consent in certain counties 115 land under one enclosure 101 lawful fence, on property enclosed by 95, 99 local laws ; Note 95 TUBERCULIN TEST. dairyman may request 62 imported animals milk must pass, when state veterinarian to enforce 62 TUBERCULOSIS. disposition of animals dying from imported cattle to be certified 15 UNIVERSITY OF CALIFORNIA. hog cholera serum. distribution of 23 licensing of preparation 24 VETERINARIAN, STATE. See Note, page 11. boophilus annulatus tick, extermination of 16 cattle diseases reported to 51 diseased animals, inspection of meat inspection by 65 powers transferred to department of agriculture 9 quarantine of diseased animals 12, 15 scabies, control of 18 tuberculin testing by 62 VETERINARIANS. examination and license lien for service. C. C., Sec. 3051 116 VERMINOUS BRONCHITIS. report of infected animals. Pen. C., Sec. 402e 27 WAGONS. ice milk, information painted on 48 milk, owner's name and address painted on 47 WAREHOUSE. license and records, necessary when 37, 38 WEARING APPAREL. cleanliness of, used by dairymen or employees 30, 31 WEIGHTS AND MEASURES. false, misdemeanor inspection of, by dairy bureau liquid measure state's standard defined WRAPPERS. See LABELS. O 49649 12-19 1M THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. LD 21-100m-7,'33 1578 at- 645966 1 *l UNIVERSITY OF CAUFORNIA LIBRARY