BILL NUMBER: AB 2155 CHAPTERED 09/09/02 CHAPTER 434 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2002 APPROVED BY GOVERNOR SEPTEMBER 7, 2002 PASSED THE SENATE AUGUST 14, 2002 PASSED THE ASSEMBLY MAY 16, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 AMENDED IN ASSEMBLY APRIL 4, 2002 INTRODUCED BY Committee on Agriculture (Matthews (Chair), Maldonado (Vice Chair), Canciamilla, Cardoza, Florez, Kelley, Oropeza, Reyes, Salinas, Strickland, Thomson, and Wiggins) FEBRUARY 20, 2002 An act to amend Sections 24000, 24001, 24002, 24007, 24009, 24010, 24011, 24012, 24013, and 24017 of, and to add Section 24011.5 to, the Food and Agricultural Code, relating to equine drugs. LEGISLATIVE COUNSEL'S DIGEST AB 2155, Committee on Agriculture. Equine drugs. Existing law prohibits the showing of a horse at a public horse show, competition, or sale if the horse has been administered a prohibited substance. Included in the definition of prohibited substances are nonsteroidal anti-inflammatory drugs. Existing law exempts certain medications from the list of prohibited substances and annually requires the secretary to update the exempt medications list. Existing law exempts the administration of a single nonsteroidal anti-inflammatory substance from the list of prohibited substances, as specified. Existing law excludes these provisions from any individual horse show, competition, or sale that is certified by the Secretary of Food and Agriculture, with the concurrence of the advisory committee, after holding a public hearing, if the secretary determines that specified criteria are satisfied. This bill would declare that it is the intent of the Legislature to ensure the integrity of public horse shows, horse competitions, and horse sales through the control of performance and disposition enhancing medications while limiting permitted therapeutic usage, as defined, at horse shows and competitions. This bill would remove nonsteroidal anti-inflammatory drugs (NSAIDs) from the list of prohibited substances and, consequently, would also remove the administration of them from the list of exempted medications. The bill would permit the secretary to certify any individual horse show, competition, or sale, with a 30-day written notice of a public hearing to the advisory committee and would include among the criteria that must be satisfied that the drug and medication rules of the sponsoring equine organization or association comply with the above-stated intent of these provisions. This bill would permit the therapeutic administration of NSAIDs, as specified. The bill would establish guidelines for the appropriate therapeutic usage of NSAIDs and would make a violation of those guidelines punishable by, among other things, a civil penalty of not less than $100 nor more than $10,000 for each violation. This bill would make other technical changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 24000 of the Food and Agricultural Code is amended to read: 24000. The Legislature finds and declares the following: (a) That the public has a valuable interest in public horse shows, horse competitions, and horse sales. (b) That it is the intent of this chapter to ensure the integrity of public horse shows, horse competitions, and horse sales through the control of performance and disposition enhancing medications while limiting permitted therapeutic usage at horse shows and competitions. SEC. 2. Section 24001 of the Food and Agricultural Code is amended to read: 24001. For the purposes of this chapter: (a) "Event" means any public horse show, competition (including cutting horse competitions, endurance riding competitions, competitive trail competitions, gymkhanas, and any other competition as determined by the secretary by regulation), or sale, in which money, goods, or services are exchanged for the right to compete for a single set of placings leading to points or awards at the show or competition, or to permit a horse to be consigned for sale. "Event" does not include any of the following: (1) Those competitions subject to the jurisdiction of the California Horse Racing Board. (2) Sales consisting solely of racing stock. (3) A rodeo related competition including both rough stock and timed performance competitions when held apart from a horse show. (4) Roping club events when held apart from a horse show. (5) Cattle team pennings when held apart from a horse show. (6) Barrel racing when held apart from a horse show. (7) Parade horse competitions. (8) Public horse shows and public horse competitions that do not last longer than one day and whose total cumulative fees to enter into any one or all classes do not exceed four dollars and ninety-nine cents ($4.99), unless otherwise prescribed by the secretary by regulation. "Grounds fees," "stall fees," or any other fee composed of money, goods, or services, which is assessed to permit competitors or consignors to enter into an event are considered a part of this total cumulative fee. (b) "Event manager" means the person in charge of an event, including the person responsible for registering the event with the department, and the person responsible for the assessment, collection, and remittance of fees. "Event manager" includes horse show secretaries and managers, competitive event managers, and horse sale managers and sale owners. (c) "Horse" means and includes all horses, mules, and asses. (d) "Licensed veterinarian" means any person licensed as a veterinarian by the State of California. (e) "Prohibited substance" is any stimulant, depressant, tranquilizer, anesthetic, including any local anesthetic, sedative analgesic, corticosteroid, anabolic steroid, or agent that would sore a horse, which could affect the performance, soundness, or disposition of a horse, or any drug regardless of how harmless or innocuous it might otherwise be that could interfere with the detection of any prohibited substance. It also includes any metabolite or derivative of any prohibited substance. (f) "NSAIDs" are nonsteroidal anti-inflammatory drugs. (g) "Therapeutic administration" means the administration of a drug or medicine that is necessary for the treatment of an illness or injury diagnosed by a licensed veterinarian. The administration of a prescribed drug or medicine shall only be as given or prescribed by the licensed veterinarian. The administration of a nonprescription drug or medicine shall be in accordance with the directions on the manufacturer's label. (h) "Exempt medications" are oral or topical medications containing prohibited substances determined by the secretary to be exempt from this chapter when administered therapeutically. (i) "Public" horse shows, competitions, or sales are those events that permit a person to enter or consign a horse for sale in exchange for money, goods, or services. Any club or group that permits people to join, enter into competition, or consign a horse for sale in exchange for money, goods, or services, is "public" for the purposes of this chapter. (j) "Stimulant or depressant" means any medication that stimulates or depresses the circulatory, respiratory, or central or peripheral nervous system. (k) To "sore" means to apply an irritating or blistering agent internally or externally for the purpose of affecting the performance, soundness, or disposition of a horse. (l) "Trainer" means any person who has the responsibility for the care, training, custody, or performance of a horse, including, but not limited to, any person who signs any entry blank of any public horse show, competition, or sale, whether that person is an owner, rider, agent, coach, adult, or minor. SEC. 3. Section 24002 of the Food and Agricultural Code is amended to read: 24002. (a) Except as otherwise provided in subdivision (b), the secretary has jurisdiction of all events under this chapter and shall administer and enforce this chapter. (b) This chapter does not apply to any individual horse show, competition, or sale that is certified by the secretary. The secretary may, after holding a public hearing with a 30-day written notice of the hearing given to the advisory committee established pursuant to Section 24013.5 and as otherwise required by California, certify any horse show, competition, or sale, if the secretary determines all of the following are satisfied: (1) The sponsoring equine organization or association requests certification in writing. (2) The event manager of the individual event requests certification of that event in writing at least 30 days prior to the event. (3) The drug and medication rules of the sponsoring equine organization or association comply with or are more stringent than the intent of this chapter. (4) The drug and medication usage at the event is monitored in accordance with the sponsoring equine organization or association's drug and medication rules. (5) Adequate security and identification of test samples are maintained, and analysis of specimens is done by a laboratory that is approved by the secretary. (6) Actions to be taken and the penalties imposed for violating the rules or regulations of the organization or association as to drug usage are as severe or more severe as those imposed by this chapter for any similar violation. (7) An effective enforcement procedure is followed to control drug usage at the event. The certification shall be effective and operate on a one-time basis as to any individual horse show, competition, or sale. The secretary shall withdraw the certification for any horse show, competition, or sale, if the secretary finds that the drug prevention program of the organization or association that requested certification is not satisfactorily accomplishing the intent and objectives of this chapter. The secretary may deny certification to any horse show, competition, or sale to be given by the same organization or association as a horse show, competition, or sale from which certification is withdrawn pursuant to this paragraph. The advisory committee established pursuant to Section 24013.5 may provide a recommendation to the secretary regarding certifications. SEC. 4. Section 24007 of the Food and Agricultural Code is amended to read: 24007. (a) In addition to any other penalty or fine prescribed by law, a trainer or owner, or both the trainer and owner, of a horse found to have received a prohibited substance or NSAID in violation of this chapter, or determined to be in violation of Section 24009 shall be subject to a civil penalty of not less than one hundred dollars ($100) or more than ten thousand dollars ($10,000) for each violation, to be recovered by the secretary in any court of competent jurisdiction. (b) In addition to the penalty specified in subdivision (a) or any other penalty or fine prescribed by law, the secretary may suspend any trainer or owner, or both the trainer and owner, from all competitions at any public horse show or competition for a period of not less than 90 days or more than one year for each violation. It is unlawful for any person suspended from competition by the secretary to compete in any public horse show or competition during the period of suspension. Any person suspended from competition by the secretary who competes in any public horse show or competition during the period of suspension is subject to the civil penalty prescribed by subdivision (a) for each entry during the period of suspension. (c) The owner or owners of a horse found to have received a prohibited substance or NSAID in violation of this chapter or determined to be in violation of Section 24009 shall forfeit all prize money or sweepstakes and any trophies, ribbons, and points won at any public horse show or competition by the horse and the same shall be redistributed by the horse show or competition in accordance with its rules or bylaws. The owner shall pay a fee of fifty dollars ($50) to the public horse show or competition. The horse may be suspended for any period of time specified by the secretary. If the violation occurs at a horse sale, the contract of sale is voidable at the buyer's discretion. (d) In lieu of civil prosecution by the secretary, the secretary may levy a civil penalty against a person violating any provision of this chapter. (e) Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard, including the right to review the secretary's evidence and a right to present evidence on his or her own behalf. (f) Review of the decision of the secretary may be sought by the person against whom the penalty was levied within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (g) After the exhaustion of the review procedure provided in this section, the secretary or his or her representative, may file a certified copy of a final decision of the secretary that directs the payment of a civil penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. SECTION 5. Section 24009 of the Food and Agricultural Code is amended to read: 24009. Whether a horse is in competition or not, refusal to submit a horse in a public horse show, competition, or sale for examination or to cooperate with the licensed veterinarian or his or her technicians and agents shall constitute a violation of, and subject the responsible person to, the same penalties that are applicable to prohibited substances or NSAIDs under Section 24007. A suitable sample shall be collected from a horse selected for testing by a drug testing agent of the department unless the agent releases the horse from testing. SEC. 6. Section 24010 of the Food and Agricultural Code is amended to read: 24010. If the chemical analysis of blood, urine, saliva, or other samples taken from a horse indicate the presence of a prohibited substance or NSAID or any metabolite or derivative thereof, it shall be prima facie evidence that the prohibited substance or NSAID has been administered to the horse. A hearing shall be held when a positive report is received from a chemist identifying a prohibited substance or any metabolite or derivative thereof, unless the requirements of Section 24011 have been met or the prohibited substance or NSAID consists solely of an exempt medication. The trainer or owner, or both the trainer and owner, responsible for the condition of the horse shall not be subject to the penalty prescribed under this chapter or suspended, and no horse shall be barred from competition until after the conclusion of the hearing and a written ruling thereon has been made by the secretary. SEC. 7. Section 24011 of the Food and Agricultural Code is amended to read: 24011. A horse exhibited at an event that receives a prohibited substance within 48 hours prior to any withdrawal time established by or pursuant to this chapter or any NSAID for which a maximum detectable plasma level has been established in Section 24011.5, shall not be eligible for show, competition, or sale, unless the following requirements have been met and the facts requested are submitted to the secretary in writing: (a) Medication shall be therapeutic and necessary for treatment of an illness or injury. (b) A horse shall be withdrawn from a show or competition for a period of not less than 24 hours after a prohibited substance is administered, unless the secretary determines a different withdrawal period for a specific prohibited substance or class of substances. A horse shall be withdrawn from a public sale for a period of not less than 72 hours after a prohibited substance or NSAID is administered. The withdrawal period for anabolic steroids is 90 days after administration. (c) The medication shall be administered by a licensed veterinarian, the trainer, or owner. (d) Medication shall be identified as to the amount, strength, and mode of administration. (e) The statement shall include the date and time of administration of the medication. (f) The horse shall be identified by its name, age, sex, color, and entry number. (g) The statement shall contain the diagnosis of the attending veterinarian and reason for administering the medication. (h) The statement shall be signed by the person administering the medication. (i) The statement shall be filed with the event manager of the public horse show or competition or general manager of the horse sale within one hour after administration or one hour after the event manager of the event returns to duty, if administration is at a time other than during show or sale hours. (j) The statement shall be signed by the event manager or his or her designated representative and time of receipt recorded on the statement by the event manager or his or her designated representative. If the chemical analysis of the sample taken from a horse so treated indicates the presence of a prohibited substance and all the requirements of this section have been fully complied with, the information contained in the medication report and any other relevant evidence shall be considered at any hearing provided under this chapter in determining whether any provision of this chapter has been violated. SEC. 8. Section 24011.5 is added to the Food and Agricultural Code, to read: 24011.5. The therapeutic administration of NSAIDs is permitted prior to and during all events except public auctions, provided that the dosage or combined dosages do not exceed any limits established by regulation. However, at horse shows and competitions, the maximum number of detectable NSAIDs by laboratory analysis shall be limited to two, except that phenylbutazone and flunixin are not permitted in the same plasma or urine sample. Additionally, the maximum detectable plasma levels for the following NSAIDs are: (a) 15.0 micrograms per milliliter of phenylbutazone. (b) 1.0 micrograms per milliliter of flunixin. (c) 0.250 micrograms per milliliter of ketoprofen. (d) 2.5 micrograms per milliliter of meclofenamic acid. (e) 40 micrograms per milliliter of naproxen. (f) 0.1 micrograms per milliliter of eltenac, upon approval of eltenac by the FDA. SEC. 9. Section 24012 of the Food and Agricultural Code is amended to read: 24012. (a) To provide funds for enforcement of this chapter, the event manager of every event shall charge and collect a fee of not more than three dollars ($3) for each horse entered or exhibited in the event, and each horse consigned for public sale, as determined by the secretary to be necessary to carry out this chapter. Event managers shall be notified of the applicable fee at the time of registration of an event. The event manager of the registered event shall remit the fee established pursuant to this section, in addition to the completed assessment summary, as prescribed by the secretary, to the department within 15 days after completion of the event. Based on the recommendation of the advisory committee appointed under Section 24013.5, the secretary may set the fee at a rate in excess of three dollars ($3) per horse that may not exceed five dollars ($5) per horse. (b) Any event manager who does not pay to the department the full amount that is due pursuant to this section shall pay a civil penalty of 10 percent of the amount due plus interest at the rate of 11/2 percent per month of the unpaid balance computed from the date of the event. The event manager is personally liable for fees and penalties owed the department pursuant to this section. (c) Fees and penalties collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund. All funds received by the department from fees and penalties pursuant to this section shall be used exclusively to carry out the intent and purpose of this chapter, including, but not limited to, pharmacological studies, drug testing, and drug research, inspection for drugs, prosecution of alleged offenders, administrative costs, attorneys and expert witness fees, and any other costs necessary to carry out this chapter. SEC. 10. Section 24013 of the Food and Agricultural Code is amended to read: 24013. (a) The secretary shall adopt those reasonable rules and regulations as are necessary to carry out this chapter. (b) The secretary shall adopt an exempt medications list that identifies all exempt medications. All changes to the list shall take effect on January 1 of the following year. At the time an event is registered pursuant to Section 24015, a copy of the exempt medications list shall be provided to the event manager for reference purposes. The exempt medications list shall also be made available to any person upon request. (c) In making and adopting regulations, the secretary shall first consult with the advisory committee appointed pursuant to Section 24013.5. SEC. 11. Section 24017 of the Food and Agricultural Code is amended to read: 24017. This chapter shall not apply to any horse one year of age or less entered in any public horse sale, if public notice of the administering of any drug or medication has been given as prescribed by the secretary.