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ployment of the same may be deemed in his judgment unneces

sary.

[Term of office.] Sec. 3. The commissioner of immigration shall hold office during the governor's pleasure.

[Repealing clause.] Sec. 4. All acts and parts of acts in conflict with this section are hereby repealed.

History: Enacted March 15, 1883, Stats. and Amdts. 1883, pp. 368-369.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

70 C. 212, 215, 11 P. 703 (construed); 76 C. 121, 122, 125, 18 P. 139, 140, 141 (construed); 122 C. 535, 540, 55 P. 579 (cited); 131 C. 199, 204, 63 P. 338 (held inapplicable).

CHAPTER II.

PRESERVATION OF PUBLIC HEALTH.

Article I. State Board of Health, §§ 2978-2984.
Vaccine Agent, §§ 2993, 2994.

II.

III.

Health and Quarantine Regulations for the City and Harbor of San Francisco, §§ 3004-3035.

IV. Health Regulations for the City of Sacramento, §§ 3042-3049.

V. Health and Quarantine of Other Cities, Towns, and Harbors, §§ 3059-3064.

ARTICLE I.

STATE BOARD OF HEALTH.

§ 2978.

§ 2979.

Who constitutes the state board. Term.
Powers and duties of board.

§ 2979a. Duties in contagious and infectious diseases.

§ 2980. To report as to the effect of intoxicating liquors. Meetings and election of officers.

$ 2981.

§ 2982.

§ 2983.

§ 2984.

Secretary of board. Salary and duties.

Expenses of, limited [repealed].

Local boards of health to enforce rules made by state board of health.

§ 2978. WHO CONSTITUTE THE STATE BOARD. TERM. The state board of health shall consist of seven duly licensed and practicing physicians of this state, appointed by the governor for the term of four years.

[Repealing clause.] All acts and parts of acts in conflict are repealed.

History: Enacted March 12, 1872, founded upon § 1 Act March 18, 1870, Stats. 1869-70, p. 329; amended March 20, 1905, Stats. and Amdts. 1905, p. 398.

See Const. 1879 art. XX § 14, Hen. G. L., p. civ.

Appointment and term of office of members.-See Kerr's Cyc. Pol. C. 368 subd. 2; § 369 and notes.

Attorney for state board of health and board of health of San Francisco.-See Hen. G. L., p. 1265.

Number of members.-See Kerr's Cyc. Pol. C. § 343 and note. Sanitary districts.-See Hen. G. L., p. 1183.

Viticultural commission.-See Hen. G. L., p. 1471.

§ 2979. POWERS AND DUTIES OF BOARD. The state board of health shall examine into the causes of communicable diseases in man and domestic animals occurring or likely to occur in this state.

It may quarantine or isolate, inspect and disinfect persons, animals, property and things of whatever nature, and houses, rooms, places, cities or localities, whenever in the judgment of said board or pending its meeting, whenever in the judgment of its executive officer such action shall be deemed necessary to protect or preserve the public health; and said board may destroy or cause to be destroyed, bedding, carpets, household goods, furnishings and materials, clothing or animals, when in the judgment of said board or that of its executive officer such clothing, furnishings, bedding, goods, materials or animals are an imminent menace to the public health.

It may establish and maintain places of quarantine or isolation.

It shall have sanitary control of all public buildings or places owned, leased or controlled by the state, and no officer or person having charge of the erection of any public building owned or controlled by the state shall proceed with the construction thereof until the state board of health shall, in writing, have approved the plans and specifications therefor, in so far as the same may, in any way, affect the sanitation thereof.

It shall cause special investigation of the sources of mortality and the effects of localities, employments, conditions and circumstances on the public health, the preparation and sale of drugs and food and the adulteration thereof.

It must perform such duties as are or may be required by law for the detection and prevention of the adulteration of articles used for food and drink, and for the punishment of persons guilty of violation of any law providing against such adulteration.

It shall examine and have power to prevent the pollution of sources of public domestic water and ice supply.

It shall have power to prepare or purchase and distribute at cost antitoxins, vaccine and other approved serums and lymphs.

It shall maintain a bureau of vital statistics under the supervision of its executive officer, where shall be collected and recorded all births, marriages and deaths, burials and cremations within the state. These statistics together with the number of cases of communicable diseases, and such further comparative statistics and information as may be deemed of value to scientists, the medical profession, the general public and aid in the maintenance of good health conditions may be published by the board in such manner and at such times as it may deem proper.

It shall have power to prescribe and enforce regulations for the embalming, cremation, burial, disinterment and transportation of the dead.

It shall have power to prescribe the form of certificates of birth and death, and of permits for burial, disinterment, cremation and transportation of the dead, and provide measures for their observance; and whenever the board, or when it is not in session, its secretary, shall so order, no burial permit shall be issued until after the body has been inspected by the state board of health or some one designated by it or its secretary for the purpose.

It shall have power to abate public nuisances. It may advise all local health authorities, and, when in its judgment the public health is menaced, it shall control and regulate their action.

It shall have general power of inspection, examination, quarantine and disinfection of persons, places and things, within the state, and for the purpose of conducting the same may appoint inspectors, who, under the direction of the board, shall be vested with like powers; provided that this act shall in nowise conflict with the national quarantine laws.

It shall have power to commence and maintain all proper and necessary actions and proceedings to enforce its regulations, to enjoin and abate nuisances dangerous to health, to

compel the performance of any act specifically enjoined upon any person, officer or board, by any law of this state relating to the public health, and to protect and preserve the public health; also to defend all actions and proceedings involving its powers and duties; and in all such actions and proceedings it shall sue and be sued under the name of the state board of health.

It shall have power to adopt and enforce rules and regulations for the execution of its duties under this section.

It shall at each biennial session of the legislature make a report with such suggestions as to legislative action as it deems proper.

History: Enacted March 12, 1872, founded on § 2 Act March 18, 1870, Stats. 1869-70, p. 329; amended March 20, 1905, Stats. and Amdts. 1905, p. 398; February 20, 1909, Stats. and Amdts. 1909, p. 49.

Act to authorize state board of health to purchase and manufacture diphtheria antitoxin.-See Hen. G. L., p. 1265.

For general laws relating to state board of health, see Hen. G. L., pp. 1265-1267.

Hygienic laboratory of the state board of health.-See Hen. G. L., p. 1266.

Punishment for violation of health laws. See Kerr's Cyc. Pen. C. § 377 and note.

State analyist.-See Hen. G. L., p. 1259.

Wilful failure to perform duty under laws for preservation of health, a misdemeanor.-See Kerr's Pocket Pen. C. § 378.

§ 2979a. DUTIES IN CONTAGIOUS AND INFECTIOUS DISEASES. It is the duty of each coroner, and of every county, city and county, city or town health officer, and every member of the local board of health, knowing, or having reason to believe that any case of cholera, plague, yellow fever, leprosy, diphtheria, membranous croup, scarlet fever, smallpox, Manila, Philippine or Cuban itch, dobe, bumps, typhus fever, typhoid fever, malignant pustules, anthrax, glanders, cerebro-spinal meningitis, pulmonary tuberculosis, pneumonia, dysentery, erysipelas, uncinariasis or hookworm, trachoma, dengue, tetanus, measles, chickenpox, whooping cough, mumps, or any other contagious or infectious disease

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