Loading (50 kb)...'
(continued)
(m) The common names and definitions of other ingredients used in the processing of pet foods shall be those recognized in the Official Publication of Feed Control by the Association of American Feed Control Officials (AAFCO) Incorporated and/or the U.S. Department of Agriculture.
Note: Authority cited: Sections 208 and 27040, Health and Safety Code. Reference: Section 27040, Health and Safety Code.
s 19010. Chemical Analysis.
(a) All canned pet food shall comply with the following analysis:
(1) Crude protein content -a minimum of 7 1/2 percent
(2) Crude fat content -a minimum of 2 percent
(3) Crude fiber content -a maximum of 1 1/2 percent
(4) Moisture content -a maximum of 78 percent or the natural moisture content of the constituent ingredients of the product, whichever is greater.
(b) All semi-moist pet food shall comply with the following analysis:
(1) Crude protein content -a minimum of 12 percent
(2) Crude fat content -a minimum of 5 percent
(3) Crude fiber content -a maximum of 5 percent
(4) Moisture content -a maximum of 65 percent
(c) All dry pet food shall comply with the following analysis:
(1) Crude protein content -a minimum of 18 percent
(2) Crude fat content -a minimum of 4 percent
(3) Crude fiber content -a maximum of 10 percent
(4) Moisture content -a maximum of 18 percent
Note: Authority cited: Sections 208 and 27040(a), Health and Safety Code. Reference: Sections 27033 and 27040, Health and Safety Code.
s 19015. Exemptions.
(a) Treats, candy and special diet for pets are exempt from the minimum and maximum requirements of the chemical analysis but shall comply with Section 19025, of this Article.
(b) A processed pet food consisting entirely of gravy, sauce, broth or juice, when so labeled, is exempt from the requirements of paragraphs (a), (b), and (c) of Section 19010 and paragraph (b) of Section 19025 of this Article.
Note: Authority cited: Sections 208 and 27040(a), Health and Safety Code. Reference: Sections 27033 and 27040(a), Health and Safety Code.
s 19020. Required Verifications.
(a) Prior to offering a processed pet food for sale in California, each pet food manufacturer shall submit in triplicate to the Department, the following:
(1) A complete list of the pet food ingredients by their common or usual name, and in order of their predominance by weight. The percentage of each ingredient derived from mammals, poultry, or fish shall be stated for each formula when the product is as defined in Section 19025, paragraphs (i), (j), (k), and ( l) of this Article.
(2) copies of each label for all processed pet foods.
(b) Manufacturers of processed pet foods shall, upon request, supply verification of formulas, and/or flavor ingredients or claims to the State Department of Public Health.
Note: Authority cited: Sections 208 and 27040, Health and Safety Code. Reference: Sections 27031, 27032, 27033, 27034 and 27040(a) and (d), Health and Safety Code.
s 19025. Labeling and Restrictions.
(a) The words "dog food," "cat food," or similar designations shall appear conspicuously upon the principal display panels of the pet food labels.
(b) The following shall appear on the label:
"Guaranteed Analysis"
Crude protein -minimum %
Crude fat -minimum %
Crude fiber -maximum %
Moisture -maximum %
Additional guarantees, if any, shall follow crude fiber.
(c) The ingredients used in the manufacture of the processed pet food shall be listed in the ingredient statement on the label by their common or usual name as defined in Section 19005 of this Article in their descending order of predominance by weight. When water is added in the preparation of a processed pet food, a statement of that fact, for example, "sufficient water has been added for processing," may appear at the conclusion of the ingredient list.
(d) No product or any of its wrappers, packaging or other containers shall bear any false or misleading marking, label or other labeling, and no statement, word, picture, design, or device which gives a false indication of origin, quality or flavor. No product shall be wholly or partly enclosed in any wrapper, packaging or other container that is so made, formed, or filled as to be misleading.
(e) All labels shall also comply with the provisions of Sections 27031, 27032, 27033, and 27034 of the California Health and Safety Code and the U.S. Fair Packaging and Labeling Act.
(f) A processed pet food shall not be labeled a specific flavor unless a sufficient amount of that ingredient is used to impart such characteristic flavor and/or odor to the finished product which is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor.
(g) The terms "fit for human food," "fit for human consumption," or any similar terms are prohibited on the labels or in advertisements of a processed pet food.
(h) The name of the processed pet food shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of a pet food product unless all components or ingredients are included in the name except as specified in paragraphs (f), (i), (j), (k) and ( l) of this section; provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is significant to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the name of the pet food if:
(1) the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product;
(2) it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; and
(3) it is not otherwise false or misleading.
(i) When an ingredient or a combination of ingredients derived from mammals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food, provided that where more than one such ingredient is part of the product name, then all such ingredient names shall be in the same size, style, and color print on the front panel of the label, in their descending order of predominance by weight.
(j) When an ingredient or a combination of ingredients derived from mammals, poultry, or fish constitutes 50% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food, when the product name also includes a descriptive term "with gravy," "with sauce," or similar connotation which will fully describe the contents of the pet food mixture. All such ingredient name(s) shall be in descending order of predominance by weight. The ingredient name(s) shall be in the same size, style, and color print on the front panel of the label and the descriptive term shall follow immediately after or below the ingredient name(s) in conspicuous size lettering in the same style and color print.
(k) When an ingredient or a combination of ingredients derived from mammals, poultry, or fish, constitutes 25% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as "balls," "cakes," "loaf," "croquettes," or "stew," so that the product name describes the contents of the product in accordance with an established law, custom, or usage, or so that the product name is not misleading. All such ingredient names and the primary descriptive term shall be in the same size, style and color print.
( l) A product shall not be described on the label or in advertising as "all meat" or "100% meat" or "all tuna" or "all chicken" or otherwise represented as being composed wholly of a named ingredient if it contains other added ingredients such as the by-products of meat, poultry, or fish. However, for the purpose of this provision, water sufficient for processing, required denaturing agents, and trace amounts of preservatives and condiments shall not be considered ingredients.
(m) Terms such as "burger," "chunk," "patty," "cube," "loaf," "croquette" and other of similar import, shall not be used to describe a product or an ingredient thereof which does not have substantially the shape or form so represented when it is sold to the retail purchaser.
(n) The names of ingredients shall not be used in advertising, labeling, brand or trade name, or otherwise, so as to misrepresent directly or by implications the identity of an ingredient or the composition of a processed pet food.
(o) A vignette, graphic, or pictorial representation of a product on a processed pet food label shall not misrepresent the contents of the package.
(p) Inspection Legend. Upon receipt of written permission from the Department, the following statement may be placed on the labels or can end of pet food packed in compliance with the provisions of the Laws Relating to Cannery Inspection: "STERILIZED UNDER THE SUPERVISION OF AND ACCORDING TO THE REGULATIONS OF THE CALIFORNIA STATE DEPARTMENT OF HEALTH SERVICES."
Note: Authority cited: Sections 208 and 27040(a), (b) and (d), Health and Safety Code. Reference: Sections 27031, 27032, 27034 and 27040, Health and Safety Code.
s 19030. Manufacturing Requirements.
(a) Pet food ingredients used to manufacture a processed pet food shall be sound, clean, and wholesome and shall conform to the provisions of the California Pure Pet Food Act of 1969.
(b) All stomachs, intestines, and/or other such by-products, which are used in the manufacture of processed pet food, shall be thoroughly washed and inspected for fecal or foreign contamination.
(c) Meat meal, meat and bone meal, meat scraps, and other similar meat products may be used only if they have been produced in a plant approved by a federal, state, or municipal inspection agency.
(d) All processed pet food packed in hermetically sealed containers shall be processed in such a manner as to achieve commercial sterility in all units packed.
(e) All processed pet food not packed in hermetically sealed containers shall be processed so as to render the product free of salmonella, or other pathogenic microorganisms which are transmissible to man or animal.
Note: Authority cited: Sections 208 and 27040(c), Health and Safety Code. Reference: Sections 27030 and 27040(c), Health and Safety Code.
s 19035. Magnet to Remove Ferrous Material.
(a) All pet food processors are hereby required to install between the cooker and the filling machine a magnetic separator with a holding power of not less than 125 pounds per square inch to remove ferrous material. The magnetic exposure area shall be not less than 6 inches by 10 inches.
(1) The magnet shall be so installed that the material to be processed shall pass the magnet in a relatively thin stream.
(2) If an electro-magnet is used it shall be fitted with a trap to prevent any material already removed from passing to the filler, in the event of a power failure. The switch operating an electro-magnet shall be equipped with a red signal light.
(b) A magnetic separator specified in Section 19035(a) is not required if it is demonstrated to the Department's satisfaction that equivalent protection is being provided by the use of other methods or devices.
Note: Authority cited: Sections 208 and 27040(c), Health and Safety Code. Reference: Sections 27030 and 27040(c), Health and Safety Code.
s 19040. Arsenic and Lead Tolerance in Animal Food.
The tolerance for arsenic in processed pet food is established at 1/20 (0.05) grain per pound and for lead at 1/60 (0.0167) grain per pound.
Note: Authority cited: Sections 208 and 27040(c), Health and Safety Code. Reference: Sections 27030 and 27040(c), Health and Safety Code.
s 19041. Pet Food Licenses and Certificates.
(a) Licenses and certificates for pet food processors will be valid for a two-year period from date of issue and are not transferable. The fee for the license or certificate is $200.00.
(b) Application for a Processed Pet Food license or certificate shall be made on State Department of Health form #446-129 or #446-130 respectively.
(c) The fee shall accompany the application and shall not be refundable.
(d) The licensee shall immediately notify the Department of any change in the information which was submitted on the license or certificate application.
Note: Authority cited: Sections 208 and 221, Health and Safety Code. Reference: Section 221, Health and Safety Code.
s 19043. Sources of Poultry Meat.
Only poultry meat or poultry product from state or federally inspected poultry processing plants may be used in animal foods.
Note: Authority cited: Sections 208, 26202, 26510 and 27040, Health and Safety Code. Reference: Sections 27033, 27040 and 27041, Health and Safety Code.
<<(Subchapter Originally Printed 5-14-49)>>
Note: Authority cited: Sections 208 and 402, Health and Safety Code. Reference: Section 402, Health and Safety Code.
1. News 30001-30053, inclusive, filed 5-3-49 (Register 16, No. 3).
2. Repealer of Group 1 (Articles 1-7, Sections 30001-30053, not consecutive) filed 2-5-85; effective thirtieth day thereafter (Register 85, No. 6).
s 30001. Certified Technician.
"Certified Technician" means any employee of a vector control agency who has passed the Department's certification examination as specified in section 30055 and is required by section 30061 to obtain continuing education units in order to independently handle, apply, or supervise the application of any pesticide as part of such employee's official duties.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30003. Certified Technician (Limited).
"Certified Technician (Limited)" means any employee of a vector control agency who has passed the Department's certification examination as specified in section 30055, but who is exempt under section 30061 from continuing education requirements. A Certified Technician (Limited) may not handle or apply a pesticide as part of his or her official duties except under the direct supervision of a Certified Technician, or as permitted under section 30061(d).
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30005. Continuing Education Unit.
"Continuing Education Unit (CEU)" means a unit value assigned to educational activities approved by the Department equal to one unit for each 50 to 60 minute segment of instruction as determined by the Department.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30007. In-Service Training.
"In-Service Training" means training given within an agency on subjects directly related to vector control duties.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30009. Pesticide Label.
"Pesticide Label" means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30011. Relevant Vectors.
"Relevant Vectors" means those vectors normally included within a group of vectors falling within the category of each vector control certificate and which employee of a vector control agency may be expected to control when working within a particular certificate specialty.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30013. Under the Direct Supervision of.
"Under the Direct Supervision of" means the act or process whereby a pesticide is applied by a Certified Technician (Limited) or a Vector Control Aide acting under the instructions and control of a Certified Technician who is responsible for the actions of that person and who is available if and when needed even though such certified technician is not physically present at the time the pesticide is applied. A Certified Technician shall be physically present during the application of a pesticide when required by the pesticide label.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30015. Vector.
"Vector" means any animal that meets the definition of section 402.1 of the Health and Safety Code.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30017. Vector Control Aide.
"Vector Control Aide" means a person who is employed by a vector control agency but is not certified under Section 30055 and may not handle or apply a pesticide as part of his or her official duties except under the direct supervision of a Certified Technician or as permitted under section 30061(d).
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30019. Vector Control Agency.
"Vector Control Agency" means any government agency, including but not limited to a mosquito abatement district, vector control district, pest abatement district, environmental health department, or public health department, which conducts an ongoing program within its jurisdiction to reduce vector populations in order to protect the public health and well-being.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d), 402.1, 403, 2202 and 2805, Health and Safety Code.
s 30054. Definitions.
Note: Authority cited: Sections 208 and 402(d), Health and Safety Code. Reference: Sections 402(d) and 402.1, Health and Safety Code.
s 30055. Examination Requirements.
Any person employed by a vector control agency as a Certified Technician or Certified Technician (Limited) shall pass, with a score of 70 percent or higher, the Public Health Pest Control Certified Technician Examination administered by the Department.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 402(d), 403, 2202 and 2805, Health and Safety Code.
s 30056. Examination Content.
(a) The written examination for certification of vector control agency personnel shall consist of questions covering the following areas:
(1) Label and labeling comprehension -factors including:
(A) The general format and terminology of pesticide labels and labeling;
(B) The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;
(C) Classification of the product, general or restricted; and
(D) Necessity for use consistent with the label.
(2) Safety -factors including:
(A) Pesticide toxicity and hazard to man;
(B) Common exposure routes;
(C) Common types and causes of pesticide accidents;
(D) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas, including medical supervision;
(E) Need for and use of protection clothing and equipment;
(F) Symptoms of pesticide poisoning;
(G) First aid and other procedures to be followed in case of a pesticide accident; and
(H) Safe and proper procedures for identification, storage, transport, handling, mixing of pesticides and disposal of pesticides and used pesticide containers, including precautions to prevent access by children.
(3) Environment -The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as climate and weather, non-target organisms, and drainage patterns.
(4) Vectors -factors such as:
(A) A knowledge of relevant vectors and their distribution;
(B) Recognition of relevant vectors by distinguishing features of the vector organisms and/or characteristics of damage or other signs;
(C) Vector development and biology (life cycles) relevant to identification and control;
(D) Public health importance of relevant vectors, including a practical knowledge of vector-borne disease transmission, as it relates to and influences control programs; and
(E) Habitats where relevant vectors occur, including a practical knowledge of those environments.
(5) Pesticides -factors such as:
(A) Types of pesticides;
(B) Types of formulations;
(C) Characteristics of pesticides and formulations, including compatibility, synergism, persistence, and animal and plant toxicity;
(D) Hazards and residues associated with use, including applicable laws and regulations;
(E) Factors which influence effectiveness or lead to such problems as resistance to pesticides; and
(F) Dilution procedures.
(6) Pesticide application equipment and techniques -factors including:
(A) Types of equipment and their uses, advantages, and limitations;
(B) Maintenance of equipment;
(C) Calibration of equipment;
(D) Operating procedures and techniques used to apply various formulations of pesticides;
(E) A knowledge of the most effective equipment and technique of application to use in a given situation;
(F) Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and
(G) Prevention of drift and pesticide loss into the environment.
(7) Non-chemical control methods -A practical knowledge of the importance and use of such methods as sanitation, waste management, drainage, exclusion, trapping, public education, and legal abatement .
(8) Record Keeping -A familiarity with the principles and practices of biological and operational documentation.
(9) Supervisory Requirements -A practical knowledge of State and Federal supervisory requirements, including labeling, regarding the application of restricted materials by a technician's aide.
(10) Laws and Regulations -A basic knowledge of applicable State and Federal laws and regulations.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 1800-1813 and 2200-2910, Health and Safety Code.
s 30056.1. Interpretation of Dates.
For purposes of this Article:
(a) Submission of an application shall be deemed to occur on the date the application form is received by the Department.
(b) Filing of a completed application shall be deemed to occur when all information required to be submitted on an application form has been received by the Department.
(c) Written notifications by the Department to applicants shall be deemed to occur on the date the notifications are postmarked.
Note: Authority cited: Sections 208 and 402, Health and Safety Code; and Sections 15376 and 15378, Government Code. Reference: Sections 15376 and 15378, Government Code.
s 30056.2. Applications.
(a) To apply for admission to the Public Health Pest Control Certified Technician Examination, the applicant shall complete an Application for Admission to the Public Health Pest Control Certified Technician Examination, FORM EH 173 (2/88). The application form shall include the applicant's name and job title, the employing agency's name and address, and the signatures of the applicant and the agency administrator. The form shall be completed, signed, and submitted in accordance with directions printed on or provided with the form.
(b) Within 14 calendar days after submission of an application for admission to the examination, the Department shall notify the applicant in writing, through the vector control agency where the applicant is employed, that the application is complete and accepted for filing, or that the application is deficient, and what specific information is required to complete the application. Notification of acceptance shall be in the form of a copy of the application form, marked "approved," which shall be returned to the applicant. If deficient, the entire application shall be returned to the applicant.
Note: Authority cited: Sections 208 and 402, Health and Safety Code. Reference: Section 402, Health and Safety Code.
s 30056.3. Admission to Examination.
Admission to an examination shall be permitted upon presentation by the applicant of an approved copy of the application form, as provided pursuant to Section 30056.2(b).
Note: Authority cited: Sections 208 and 402, Health and Safety Code. Reference: Section 402, Health and Safety Code.
s 30056.4. Notification of Examination Results.
The Department shall notify the applicant in writing, through the vector control agency where the applicant is employed, of the examination result and decision on the certification, within 118 calendar days after the filing of a completed application.
Note: Authority cited: Sections 208 and 402, Health and Safety Code; and Section 15376, Government Code. Reference: Section 15376, Government Code.
s 30056.5. Processing Times.
The Department's minimum, maximum, and median time periods for processing a certificate, from the receipt of the initial applications to notification of the final certification decision regarding results of the examination for certification, based on the Department's actual performance during the two years immediately preceding the proposal of this regulation, were as follows:
(a) The median time was 54 calendar days.
(b) The minimum time was 50 calendar days.
(c) The maximum time was 118 calendar days.
Note: Authority cited: Sections 208 and 402, Health and Safety Code; and Section 15376, Government Code. Reference: Section 15376, Government Code.
s 30057. Expiration.
Note: Authority cited: Sections 208 and 402, Health and Safety Code. Reference: Section 402, Health and Safety Code.
s 30058. Denial, Suspension, or Revocation.
(a) The Director may deny, suspend, or revoke any certificate for any of the following reasons:
(1) Failure to adequately supervise the use of a restricted material.
(2) Failure to obtain a restricted material permit when required.
(3) Failure to comply with any applicable provision of Divisions 6 or 7 of the Food and Agricultural Code or regulations adopted pursuant to such provisions.
(4) Failure to record each restricted material use and submit such record as required by law or regulations.
(5) Making any false or fraudulent record.
(6) Operating in a faulty, careless, or negligent manner.
(7) Failure to qualify by examination.
(b) Any action to deny, suspend or revoke such certificate shall be heard under the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code; provided, however, if the Director finds that the protection of the public welfare or safety requires immediate action, he or she may, without hearing, temporarily suspend or condition the certificate and shall forthwith schedule the matter for hearing. The Director may terminate such temporary suspension or condition upon corrective action as he or she deems satisfactory to assure compliance with the requirements of the law and the regulations.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 1800-1813 and 2200-2910, Health and Safety Code.
s 30059. Records.
Note: Authority cited: Sections 208 and 402, Health and Safety Code. Reference: Section 402, Health and Safety Code.
s 30061. Continuing Education Requirements.
(a) Except as provided in (d), any employee of a vector control agency who independently handles, applies, or supervises the application of any pesticide as part of his or her official duties shall obtain the following continuing education units (CEU) within each two year period following initial date of certification:
(1) Minimum Prerequisite CEU for all specialty certificates:
(A) Pesticide use and safety -ten CEU.
(B) Animal biology and ecology -two CEU.
(C) In-service training -four CEU.
(2) Additional minimum CEU for each specialty certificate:
(A) Mosquito Control -six CEU on mosquitoes and two CEU on other aquatic invertebrates and their control.
(B) Terrestrial Invertebrate Control -six CEU on domestic flies, fleas, and ticks; two CEU on other terrestrialinvertebrate vectors, and their control.
(C) Vertebrate Control -eight CEU on rodents and on other vertebrate vectors, and their control.
(b) Failure to attain minimum CEU in any specialty area shall result in the down-grading of certification in the specialty in which the Certified Technician is delinquent, to the Certified Technician (Limited) status.
(c) Reinstatement to Certified Technician status shall be subject to the approval of the Department upon proofof minimum CEU and proof of payment of all current fees.
(d) The foregoing continuing education requirements are not applicable to the following:
(1) Employees who use insignificant amounts of compounds commonly used for pest detection during inspections.
(2) Persons who do not handle, apply, or supervise the application of any pesticides for public health purposes.
(3) Employees involved only in research and development of public health pesticides.
Note: Authority cited: Sections 208, 2202 and 2805, Health and Safety Code. Reference: Sections 402(d), 403, 2202 and 2805, Health and Safety Code.
s 30062. Definitions.
The following definitions shall apply to this subchapter:
(a) "Local agency" means a county which has established an emergency mosquito abatement trust account pursuant to Article 4 (commencing with Section 25850) of Chapter 8 of Part 2 of Division 2 of Title 3 of the Government Code; or a mosquito abatement district or vector control district which has established an emergency mosquito abatement trust fund pursuant to Article 5.1 (commencing with Section 2315) of Chapter 5 of Division 3 of the Health and Safety Code; or a pest abatement district which has established an emergency mosquito abatement trust fund pursuant to Article 4.1 (commencing with Section 2877) of Chapter 8 of Division 3 of the Health and Safety Code.
(b) "Threat to the public health and safety" means the actual or scientifically predictable presence of mosquitoes in such numbers that, in the judgment of the Department, there is a strong probability that:
(1) Mosquitoborne pathogens will be transmitted to humans; or
(2) There will be substantial interference with the normal enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons.
Note: Authority cited: Section 25852(e), Government Code; and Sections 208 and 2317(e), Health and Safety Code. Reference: Section 2317(d), Health and Safety Code; and Section 25852(d), Government Code.
s 30064. Application for Expenditure.
(a) When a local agency applies to the Department for authority to expend any portion of the principal of the emergency mosquito abatement trust account (if the local agency is a county) or emergency mosquito abatement trust fund (if the local agency is a mosquito abatement district, vector control district, or pest abatement district) it shall apply for the expenditure in writing, by telephone, or other rapid means, but shall confirm in writing within 3 working days.
(b) The application for expenditure shall include the following:
(1) Whether the imminent threat to the public health and safety is due to either an actual outbreak or to an expected outbreak of mosquitoes, or both;
(2) The mosquito species involved;
(3) Other areas involved;
(4) The specific control actions proposed;
(5) The approximate dates of the proposed actions;
(6) The name of the person who will supervise the proposed actions and the vector control certificates or licenses possessed by that person; and
(7) The amount of the principal proposed to be expended.
Note: Authority cited: Section 25852(e), Government Code; and Sections 208 and 2317(e), Health and Safety Code. Reference: Section 2317(d), Health and Safety Code; and Section 25852(d), Government Code.
s 30066. Criteria for Emergency Mosquito Abatement Procedures.
The emergency mosquito abatement procedures shall be adequate if: (a) The local agency's program is under the direct supervision of:
(1) A technician certified in mosquito control pursuant to Section 402 of the Health and Safety Code; or
(2) Any person who is licensed in health-related pest control pursuant to Chapter 1 (commencing with Section 11401) and Chapter 2 (commencing with Section 11501) of Division 6 of the Food and Agricultural Code; and
(b) The Department finds that the proposed emergency mosquito abatement procedures are proven effective in the reduction of the imminent threat to the public health and safety.
Note: Authority cited: Sections 208 and 2317(e), Health and Safety Code; and Section 25852(e), Government Code. Reference: Section 2317(e), Health and Safety Code; and Section 25852(e), Government Code.
s 30070. Purpose and Scope.
These regulations are intended to provide safeguards for the protection of persons in the State of California from disease hazards associated with imported wild animals. The regulations apply to all persons, including but not limited to the following: educational and research institutions, zoological gardens, schools, colleges, universities, pet stores, animal care facilities, and laboratories, who import, hold, sell, purchase or possess any wild animal for which an import permit is required under the provisions of Chapter 14, Division 20, California Health and Safety Code.
Note: Authority cited: Sections 102, 208 and 25990.5, Health and Safety Code. Reference: Sections 25990 through 25994.8, Health and Safety Code.
s 30071. Definitions.
For the purposes of these regulations:
(a) "Person" means any person, firm, association, organization, partnership, business trust, corporation, or company.
(b) "Department" means the State Department of Health Services.
(c) "Animal" means any wild animal or bird specified by the Department under provisions of Chapter 14, Division 20, of the Health and Safety Code.
(d) "Veterinarian" means a person authorized to practice veterinary medicine under provisions of Chapter 11, Division 2, California Business and Professions Code.
(e) "Standards" means the requirements with respect to the quarantine housing, handling, care, treatment, and transportation of imported animals.
(f) "Primate" means a nonhuman member of the highest order of mammals, including prosimians, monkeys, and apes as specified in Section 30072.
(g) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Section 25990.5, Health and Safety Code.
s 30072. Wildlife Admitted by Permit.
No person shall import into or receive in this State any animals of the following orders, families, and genera specified herein without first obtaining a permit and paying to the Department such fees as required under these regulations.
(a) Birds (Class Aves). Admissible without permit from the department.
(b) Mammals (Class Mammalia
(1) Primates (Order Primates -Members of the following families, all genera therein:
Family Lorisidae, Genus Loris (Slender Loris), Genus Nycticebus (Slow Loris), Genus Arctocebus (Golden Potto), Genus Perdicticus (Potto), Genus Galago (Galago), and Genus Euoticus (Needle-clawed Galago).
Family Callithricidae, Genus Callithrix (Short-tusked Marmoset), Genus Cebuella (Pygmay Marmoset), Genus Saguinus (Long-tusked Marmoset), and Genus Leontideus (Lion-headed Marmoset).
Family Cebidae, Genus Aotus (Douroucoulis), Genus Callicebus (Titi Monkey), Genus Cacajao (Ukari), Genus Pithecia (Saki), Genus Chiropotes (Red-backed Saki), Genus Alouatta (Howler Monkey), Genus Cebus (Capuchin), Genus Saimiri (Squirrel Monkey), Genus Ateles (Spider Monkey), Genus Brachyteles (Woolly Spider Monkey), Genus Lagothrix (Woolly Monkey), and Genus Callimico (Goeldi's Marmoset).
Family Cercopithecidae, Genus Macaca (Macaque), Genus Cynomacaca (Celebes Macaque), Genus Cynopithcus (Celebes Crested Macaque), Genus Cercocebus (Mangabey), Genus Chaeropithecus (Baboon), Genus Comopithecus (Hamadryas Baboon), Genus Mandrillus (Mandrill), Genus Theropithecus (Gelada Baboon), Genus Cercopithecus (Guenon), Genus Miopithecus (Talapoin Monkey), Genus Allenopithecus (Allen's Monkey), Genus Erythrocebus (Patas Monkey), Genus Presbytis (Langur), Genus Pygathrix (Douc Langur), Genus Rhinopithecus (Snub-nosed Langur), Genus Simias (Mentawi Islands Snub-nosed Langur), Genus Nasalis (Proboscis Monkey), and Genus Colobus (Colobus Monkey).
Family Pongidae, Genus Hylobates (Gibbon), Genus Symphalangus (Siamang Gibbon), Genus Pongo (Orangutan), Genus Pan (Chimpanzee), and Genus Gorilla (Gorilla).
(2) Carnivores (Order Carnivora -Members of the following families, all genera therein unless otherwise noted:
(A) Family Felidae, genus Felis and genus Panthera, consisting of New World species: F. pardalis (Ocelot), F. wiedii (Margay), F. tigrina (Little Spotted Cat), F. colocolo (Pampas Cat), F. geoffroyi (Geoffroy's Cat), F. guigna (Kodkod), F. jacobita (Gato Andina), F. yagouaroundi (Jaguarundi), and P. onca (Jaguar).
All other members of the family Felidae are admissible without permit from the Department.
(B) Family Canidae, genus Aopex (Arctic Fox), genus Vulpes (Red or Kit Fox), genus Urocyon (Gray Fox), and genus Canis, including all species other than Canis familiaris (the domestic dog).
All other members of the family Canidae are admissible without permit from the Department.
(C) Family Procyinidae, genus Bassariscus (Ring-Tailed Cat) and genus Procyon (Raccoon).
All other members of the family Procyinidae are admissible without permit from the Department.
(D) Family Musteldae, genus Mephitis (Striped Skunk) and genus Spilogale (Spotted Skunk).
All other members of the family Musteldae are admissible without permit from the Department.
(3) Bats (Order Chiroptera -Members of all families, all genera therein.
Note: Reference should also be made to statutory provisions of the California Fish and Game Code and the joint regulations of the Fish and Game Commission and the California Department of Agriculture. Where question exists regarding the importation into and the keeping of live wild birds, mammals, amphibians, reptiles, crustaceans and fish in California, representatives of the Department of Fish and Game should be consulted.
Note: Authority cited: Sections 208, 25990.3 and 25990.5, Health and Safety Code. Reference: Sections 25990.3 and 25990.5, Health and Safety Code.
s 30073. Application for Import Permits.
Import permits for animals listed under Section 30072 shall be issued only upon written application from the person desiring to import them. The application shall include but not be limited to the following:
(a) The number, common name, and true scientific name of each species (Example reference: Walker, E. P., and others. Mammals of the World. Baltimore, Johns Hopkins Press, 1975. Volumes I and II).
(b) The carrier and probable point of first arrival in this state of each shipment.
(c) The purpose for which they are to be imported (exhibition, research, sale to the public, etc.).
(d) The name and address of the consignee.
(e) The name and address of the consignor.
(f) The place or premise where the animals shall be held in quarantine pending the completion of such tests, veterinary examinations, and observation period as may be specified by the department in issuance of import permit. Adequate quarantine facilities must be available and approved by the department before issuance of the import permit can be made (See Sections 30077 and 30077.1).
(g) The name and address of the veterinarian who shall conduct the tests and examinations specified by the department.
(h) For personal pets only, the date of acquisition and name and address of supplier.
Note: Authority cited: Sections 208, 25990.5 and 25992.3, Health and Safety Code. Reference: Sections 25992 and 25992.3, Health and Safety Code.
s 30073.1. Determination of Application Completeness and Notification.
(a) Within 15 calendar days of receipt of an application for a wild animal importation permit, or a request for permit modification, the Department shall inform the applicant in writing either that the application is complete and accepted for filing, or that it is deficient and identify the additional specific information necessary for the application to be complete.
(b) The date on which the application is determined complete for filing, or on which the application is determined deficient shall be the date on which the Department's written notification to the applicant is postmarked.
Note: Authority cited: Section 15376, Government Code; and Sections 208 and 25992, Health and Safety Code. Reference: Section 15376, Government Code; and Section 25992, Health and Safety Code.
s 30073.2. Application Time Periods for Processing a Permit Based on Actual Performance.
(a) The Department's time periods for processing a wild animal importation permit application, or a wild animal quarantine facility approval application, from the receipt of the initial application to the final decision regarding the permit or approval, are as follows:
(1) The median time for processing is:
(A) 10 calendar days for an importation permit application.
(B) 90 calendar days for a quarantine facility approval application.
(2) The minimum time for processing is:
(A) 5 calendar days for an importation permit application.
(B) 60 calendar days for a quarantine facility approval application.
(3) The maximum time for processing is:
(A) 15 calendar days for an importation permit application.
(B) 180 calendar days for a quarantine facility approval application.
Note: Authority cited: Section 15376, Government Code; and Sections 208 and 25992, Health and Safety Code. Reference: Section 15376, Government Code; and Section 25992, Health and Safety Code.
s 30074. Issuance of Import Permits.
Issuance of import permits for animals listed under Section 30072 may be made by the Department upon:
(a) Submission of written application providing the information enumerated under Section 30073 not less than seven (7) days preceding the probable date of shipment, and
(b) if necessary, submission of a written application for Department approval of the wild animal quarantine facility, completion of an on-site inspection, and final approval of the quarantine facility or premise designated in the permit application, and
(c) payment of the necessary permit fees required under Section 25992.8 of the Health and Safety Code and set forth under Section 30076 of these regulations, and
(d) determination by the Department that the public health and safety is not endangered, and
(e) approval of the probable point of first arrival into this State.
Note: Authority cited: Sections 208, 25990.5, 25992.3 and 25992.8, Health and Safety Code. Reference: Sections 25990.5, 25992, 25992.3 and 25992.8, Health and Safety Code.
s 30074.1. Importation of Animals Under Special Permit.
Permits not requiring the quarantine of imported wild animals may be issued by the Department under the following special conditions:
(a) Short-Term Exhibition of Captive Born and Raised Nonhuman Primates Having No Contact With the Public. Animals subject to these provisions (as specified under Section 30072) may be brought into the State for short-term nonresident exhibition purposes (e.g., circuses) under a short-term exhibition permit issued by the Department upon application for the permit and payment of a $10.00 permit fee per animal. Persons wishing to import or receive nonhuman primates for short-term exhibition purposes under this subsection shall provide the Department with documentation of the following:
(1) A health history on the animal, or the parents of animals less than six months of age, for the 180 days prior to importation, and
(2) The animal(s) are captive born and raised, and
(3) How the animal(s) will be maintained in a manner approved by the Department to prevent direct physical contact with the public, and
(4) A veterinary health certificate issued not more than 30 days before importation certifying that the animal has been examined by a veterinarian accredited by the United States Department of Agriculture and is free of signs of contagious or infectious diseases.
(b) Short-Term Exhibition of Captive Born and Raised Nonhuman Primates Having Direct Contact With the Public. Animals subject to these provisions (as specified under Section 30072) may be brought into the State for nonresident exhibition purposes under a short-term exhibition permit issued by the Department upon application for a permit and payment of a $10.00 permit fee per animal. Persons wishing to import or receive short-term exhibition nonhuman primates into the State where the animal(s) will have direct contact with the public shall provide the Department with documentation of the following:
(1) A health history on the animal, or the parents of animals less than six months of age, for the 180 days prior to importation, and
(2) The animal(s) are captive born and raised, and
(3) How the animal(s) will be maintained in a manner approved by the Department to prevent direct physical contact with the public at all times except when being exhibited, and
(4) A veterinary health certificate issued not more than 30 days before importation certifying that the animal has been examined by a veterinarian accredited by the United States Department of Agriculture and is free of signs of contagious or infectious diseases.
(5) A negative tuberculin skin test performed on the animal(s) not more than 30 days before importation.
(c) Short-Term Exhibition of Captive Born and Raised Carnivores. Animals subject to these provisions (as specified under Section 30072) may be brought into the State for short-term nonresident exhibition purposes (e.g., circuses) under a short-term exhibition permit issued by the Department upon application for the permit and payment of a $10.00 permit fee per animal. Persons wishing to bring short-term exhibition carnivores into the State shall provide the Department with documentation of the following:
(1) A health history on the animal, or the parents of animals less than six months of age, for the 180 days prior to importation, and
(2) The animal(s) are captive born and raised, and
(3) How the animal(s) will be maintained in a manner approved by the Department to prevent direct physical contact with other animals or the public, and
(4) A veterinary health certificate issued not more than 30 days before importation certifying that the animal has been examined by a veterinarian accredited by the United States Department of Agriculture and is free of signs of contagious or infectious diseases.
(d) Zoological exhibition of specified wild animals.
(1) Animals subject to these provisions as specified under Section 30072 may be brought into the State for exhibition in a zoological collection accredited by the American Association of Zoological Parks and Aquariums (AAZPA) under a zoological exhibition permit issued by the Department upon payment of a $10.00 permit fee per animal. AAZPA accredited organizations wishing to import or receive specified wild animals for zoological exhibition purposes under this subsection shall provide the Department with documentation of the following:
(A) The animal(s) are captive born and raised, or have been in the possession of the consignee for at least 180 days prior to importation, and
(B) the animal(s) are being imported from an AAZPA-accredited zoological collection, and
(C) a health history on the animal or the parents of the animals less than six months of age, for the 180 days prior to importation, and
(D) a veterinary health certificate issued not more than 30 days before importation certifying that the animal has been examined by a veterinarian accredited by the United States Department of Agriculture and is free of signs of contagious or infectious diseases.
(E) A negative tuberculin skin test performed on all nonhuman primates not more than 30 days before importation.
(2) Nonhuman primates imported under this subsection shall be kept in isolation for 30 days immediately following importation. The animal(s) shall be tested if necessary for enteric pathogens during isolation. If at the end of the 30 days, the animal(s) are tuberculin skin tested with negative results, are examined and issued a health certificate by an accredited veterinarian certifying that the animal(s) are healthly and free of signs of contagious or infectious diseases, the animal(s) may be released by the Department upon review of isolation records.
(3) Carnivores or Chiroptera specified in Section 30072 imported under this subsection shall be kept in isolation for 90 days immediately following importation. If at the end of the 90 days, the animal(s) are examined and issued a health certificate by an accredited veterinarian certifying that the animal(s) are healthy and free of signs of contagious or infectious diseases, the animal(s) may be released by the Department upon review of isolation records. (continued)