BILL NUMBER: AB 1709	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 2, 2010

    An act to amend Section 9211 of the Food and Agricultural
Code,   An act to amend Sections 9203, 9211, 9212,
9221, 9231, 9241, 9242, 9244, 9245, 9251, 9261, 9263, 9264, 9267, and
9268 of, to amend the heading of Chapter   1.5 (commencing
with Section 9201) of Part 1 of Division 5 of, to amend the heading
of Article 5 (commencing with Section 9241) of Chapter 1.5 of Part 1
of Division 5 of, to add Section 9210 to, to add the heading of
Article 2 (commencing with Section 9210) to Chapter 1.5 of Part 1 of
Division 5 of, to add, amend, and renumber Section 9204 of, to repeal
Section 9243 of, to repeal the heading of Article 2 (commencing with
Section 9211) of Chapter 1.5 of Part 1 of Division 5 of, and to
repeal and add Section 9205 of, the Food and Agricultural Code, 
  relating to biologics.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1709, as amended, Conway.  Biologics.  
Biologics: animal blood and blood component products: commercial
blood banks for animals.  
   Existing law defines biologics, requires the Secretary of Food and
Agriculture to license biologic establishments that meet specified
requirements, provides requirements relating to the application for a
biologic license, and requires a certain biologic license
application fee and license renewal fee. A violation of these
provisions is a crime.  
   This bill would revise the definition of biologics, prohibit a
person from engaging in the production of animal blood and blood
component products, as defined, for retail sale and distribution
except in a commercial blood bank for animals, as defined, licensed
by the secretary, delete the requirement that the secretary license
biologic establishments and instead require the secretary to license
commercial blood banks for animals that meet specified requirements,
and revise the license application provisions and license application
fee and renewal fee provisions to instead make them applicable to
producers of animal blood and blood component products. Because this
bill would change the definition of an existing crime and create new
crimes, the bill would impose a state-mandated local program. 
   Existing law prohibits a person from engaging in the production of
biologics except in an establishment licensed by the United States
Department of Agriculture or the Secretary of Food and Agriculture or
in an establishment producing biologics only for use by the owner or
operator for animals owned by him or her.
   This bill would  make technical, nonsubstantive changes to
those provisions   instead prohibit a person from
engaging in the   production of biologics except as
permitted under federal law  . 
   Existing law prohibits the offer for sale or use of any biologic
unless it is registered by the secretary, except that registration is
not required of any biologic manufactured pursuant to the terms of a
valid license issued by the United States Department of Agriculture
unless the secretary finds that, due to local conditions, it is
necessary that the biologic be registered.  
   This bill would, instead, prohibit the offer for sale or use of
any biologic unless it is manufactured pursuant to the terms of a
valid license or permit issued by the United States Department of
Agriculture. The bill would also prohibit the offer for sale or use
of any blood or blood component product unless it is produced in an
establishment licensed by the secretary, thereby imposing a
state-mandated local program by creating a new crime.  
   Existing law requires the secretary to register any biologic that
meets certain requirements and a biologic that is produced in an
establishment exempt from licensing and that meets certain
requirements, provides requirements relating to the application for
registration of a biologic, and authorizes the secretary to impose
conditions on the production or use of biologics.  
   This bill would delete the requirement that the secretary register
biologics and instead require the secretary to register blood or
blood component products that meet certain requirements. The bill
would also require an application for registration of blood or blood
component products to include specified information and would
authorize the secretary to impose conditions on the production or use
of blood or blood component products.  
   Existing law provides various enforcement provisions that the
secretary may undertake with respect to biologic licensees and
registrants.  
   This bill would revise those enforcement provisions to instead
make them applicable to commercial blood banks for animals licensees
and registrants of blood or blood component products.  
   This bill would make other conforming, clarifying, and technical
changes.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The heading of Chapter 1.5 (commencing
with Section 9201) of Part 1 of Division 5 of the   Food and
Agricultural Code  is amended to read: 
      CHAPTER 1.5.   COMMERCIAL BLOOD BANKS FOR ANIMALS AND 
BIOLOGICS


   SEC. 2.    Section 9203 of the   Food and
Agricultural Code   is amended to read: 
   9203.  "Biologics" means  the following products which are
used for the diagnosis and detection of, and for the prevention or
treatment of, disease in animals other than man: serum, blood,
vaccines, live vaccine, killed vaccine, tissue vaccine, autogenous
vaccine, live virus, killed virus, live bacterial culture, killed
bacterial culture, bacterin, hormone, tissue extract, gland extract,
gland preparation, insulin, and similar products made from human or
animal tissues or micro-organisms   all viruses, serums,
antibody products, toxins (excluding substances that are selectively
toxic to microorganisms, for example, antibiotics), or analogous
products at any stage of production, shipment,  
distribution, or sale, which are intended for use in the treatment of
animals and which act primarily through the direct stimulation,
supplementation, enhancement, or modulation of the immune system or
immune response  .
   SEC. 3.    Section 9204 is added to the  
Food and Agricultural Code   , to read:  
   9204.  "Blood and blood component products" means whole blood
collected directly from a donor animal for transfusion or the blood
components for transfusion including packed red blood cells,
platelet-rich plasma, platelet concentrates, fresh plasma, fresh
frozen plasma, frozen plasma, cryoprecipitate, and cryosupernatant.
Antibody products like hyperimmune serums are considered "biologics"
and are excluded from this definition of blood and blood component
products. 
   SEC. 4.    Section 9204 of the   Food and
Agricultural Code   is amended and renumbered to read: 

    9204.   9206.   "Production" means
collection of  biologic material,  blood or the
 preparation, testing, processing, storage, or distribution of
 biologics   blood or blood component products
for the purpose of transfusion  .
   SEC. 5.    Section 9205 of the   Food and
Agricultural Code   is repealed.  
   9205.  "Serial" means the total quantity of a biological product
in final composition which has been mixed in a single container and
identified by number. 
   SEC. 6.    Section 9205 is added to the  
Food and Agricultural Code   , to read:  
   9205.  "Commercial blood bank for animals" means an establishment
that produces animal blood or blood component products to market and
sell for use in the cure, mitigation, treatment, or prevention of
disease in animals. 
   SEC. 7.    The heading of Article 2 (commencing with
Section 9211) of Chapter 1.5 of Part 1 of Division 5 of the 
 Food and Agricultural Code   is repealed. 


      Article 2.  Biologics Production


   SEC. 8.    The heading of Article 2 (commencing with
Section 9210) is added to Chapter 1.5 of Part 1 of Division 5 of the
  Food and Agricultural Code   , to read: 


      Article 2.  Animal Blood and Blood Component Products
Production and Biologics Production


  SEC. 9.    Section 9210 is added to the  
Food and Agricultural Code   , to read:  
   9210.  No person shall engage in the production of animal blood
and blood component products for retail sale and distribution except
in a commercial blood bank for animals licensed by the secretary.

   SEC. 10.    Section 9211 of the   Food and
Agricultural Code   is amended to read: 
   9211.  No person shall engage in the production of biologics
except  in any of the following:   as permitted
under federal law.  
   (a) In an establishment licensed by the United States Department
of Agriculture.  
   (b) In an establishment producing biologics only for use by the
owner or operator of that establishment for animals owned by him or
her. Biologics produced in such an establishment shall be registered
by the director under this chapter.  
   (c) In an establishment licensed by the director. 
   SEC. 11.    Section 9212 of the   Food and
Agricultural Code   is amended to read: 
   9212.  The secretary shall license  biologic 
establishments  as commercial blood banks for animals  that
meet all of the following:
   (a) Operate under conditions, and use methods of production, to
 insure   ensure  that the 
biologics   animal blood and blood component products
 will not be contaminated, dangerous, or harmful.
   (b) Produce  biologics   animal blood and
blood component products  under the direct supervision of a
person qualified in the field  of production of biologics
 .
   (c)    For those commercial blood banks
for animals licensed by the department, maintain  
Maintain  onsite records containing information documenting how
the animal was acquired and any history of blood draws or use of
anesthesia on the animal.
   SEC. 12.    Section 9221 of the   Food and
Agricultural Code   is amended to read: 
   9221.  An application for a license for any establishment that
produces, or proposes to produce,  biologics  
animal blood and blood component products  shall be made on
forms  to be  issued by the secretary. The
application shall contain all of the following:
   (a) The name and address of the person who owns the place,
establishment, or institution in which it is proposed to produce
 biologics   animal blood and blood component
products  .
   (b) The name and address of the person who shall be in charge of
 biologics   the  production  of animal
blood and blood component products  .
   (c) The type of  biologics   animal blood and
blood component products  that shall be produced.
   (d) A full description of the building, including its location,
facilities, equipment, and apparatus to be used in  biologics
  the  production  of animal blood and blood
component products  .
   (e) A written protocol  for a commercial blood bank for
animals  that addresses all of the following:
   (1) Maximum length of time for donation by animal donors, or
minimum health parameters for animal donors.
   (2) Frequency and volume of blood collected from animal blood
donors.
   (3) Socialization and exercise programs for animal blood donors.
   (4) Method of identification of each animal, including microchip
or tattoo.
   (5) Ongoing veterinary care, including an annual physical exam and
vaccination schedule for animals held in blood donor facilities.
   (6) Husbandry standards for feeding, watering, sanitation,
housing, handling, and care in transit, with minimums based on the
standards set forth pursuant to the federal Animal Welfare Act in
Part 3 (commencing with Section 3.1) of Subchapter A of Chapter 1 of
Title 9 of the Code of Federal Regulations.
   (7) Implementation of a permissive adoption program.
   (f) An "oversight letter" identifying the oversight veterinarian
who will be responsible for oversight of the facility. The letter
shall be from the oversight veterinarian, and shall be maintained on
file by the secretary. Oversight veterinarians shall be licensed to
practice veterinary medicine in California. In the event of a change
of the oversight veterinarian, it is the oversight veterinarian's
responsibility to give notice to the secretary of the termination of
the oversight veterinarian within 30 days of the termination date of
the oversight veterinarian. An oversight letter from the incoming
oversight veterinarian shall be submitted to the secretary within 30
days of the termination date of the prior oversight veterinarian.
   (g)  Additional information that the secretary finds is necessary
for the proper administration and enforcement of this chapter.
   SEC. 13.    Section 9231 of the   Food and
Agricultural Code   is amended to read: 
   9231.  The license application fee and license renewal fee under
this chapter for an establishment proposing to produce or producing
 biologics   animal blood and blood component
products  shall be as follows:
   (a) The application and annual license fee shall be two hundred
fifty dollars ($250) for each establishment, which shall be the fee
for the fiscal year, or portion thereof, ending June 30 of each year.
When an applicant is a city, county, state, or district, or an
official thereof, no fee shall be required under this section.
   (b) Licenses shall be renewed every year. The annual renewal fee
shall be paid on or before the first day of July of each year.
   (c)  For commercial blood banks for animals licensed by
the department, fees   Fees  may be increased by
the department to cover the department's reasonable costs incurred in
connection with performing the annual inspection required by
Sections 9266 and 9268.
   (d) The fees required by this section are maximum, and may be
fixed by the secretary at a lesser amount for any fiscal year
whenever he or she finds that the cost of administering this chapter
can be defrayed from revenues derived from the lower fees.
   SEC. 14.    The heading of Article 5 (commencing with
Section 9241) of Chapter 1.5 of Part 1 of Division 5 of the 
 Food and Agricultural Code   is amended to read: 

      Article 5.   Biologic   Blood or Blood
Component Product  Registration


   SEC. 15.    Section 9241 of the   Food and
Agricultural Code   is amended to read: 
   9241.  No person shall offer for sale or use any  of the
following: 
    (a)    Any  biologic unless it is
 registered by the director pursuant to this article, except,
however, no such registration shall be required of any biologic
 manufactured pursuant to the terms of a valid license 
or permit  issued by the United States Department of Agriculture
 unless the director finds that, due to local conditions, it
is necessary that the biologic be registered in order to assure that
it have value for the purpose intended and it is safe to use in this
state  . 
   (b) Any blood or blood component product unless it is produced in
an establishment licensed by the secretary. 
   SEC. 16.    Section 9242 of the   Food and
Agricultural Code   is amended to read: 
   9242.  The  director  secretary  shall
register  any biologic   blood or a blood
component product  that meets all of the following requirements:

   (a) It is produced under acceptable procedures  , which
include tests to insure its purity and safety  . 
   (b) The production and use of such type of biologic has not been
specifically forbidden or disapproved by the director, the United
States Department of Agriculture, or the United States Public Health
Service.  
   (c) 
    (b)  It has been demonstrated to the  director
  secretary  that  such a biologic
  the blood or blood component product  is safe and
noninjurious to  human or  animal health. 
   (d) 
    (c)  It has been demonstrated to the  director
  secretary  that  such a biologic
  the blood or blood component product  is of value
for the purpose intended. 
   (e) 
    (d)  It is labeled for proper handling and use, and is
not misrepresented. 
   (f) 
    (e)  It is produced in an establishment that meets the
requirements of  subdivision (a) or (c) of  Section
 9211   9210  .
   SEC. 17.    Section 9243 of the   Food and
Agricultural Code   is repealed.  
   9243.  The director shall register a biologic, if it is produced
in an establishment exempt from licensing pursuant to subdivision (b)
of Section 9211 and meets the requirements of subdivisions (a), (b),
and (c) of Section 9242. 
   SEC. 18.    Section 9244 of the   Food and
Agricultural Code   is amended to read: 
   9244.  An application for registration of  a biologic
  blood or a blood component product  shall include
both of the following:
   (a) A protocol of  the  methods of production in detail
 which   that  is followed in the
production of the product.
   (b) A sample of the label to be placed on the  biologic
  blood or blood component product  .
   SEC. 19.    Section 9245 of the   Food and
Agricultural Code   is amended to read: 
   9245.  The  director   secretary  may
impose such conditions on the production or use of  biologics
  blood or blood component products  as he  or
she  deems necessary to accomplish the purposes of this
chapter.
   SEC. 20.    Section 9251 of the   Food and
Agricultural Code   is amended to read: 
   9251.  The  director   secretary  may
adopt reasonably necessary rules and regulations for the
administration and enforcement of this chapter.
   SEC. 21.    Section 9261 of the   Food and
Agricultural Code   is amended to read: 
   9261.  License for any  establishment  
commercial blood bank for animals  or registration of any
 biologic   blood or blood component product
 may be denied, suspended, or revoked by the  director
  secretary  for failure to meet the requirements
of this chapter or for the violation of any provision of this
chapter, or of any rule or regulation adopted by the 
director   secretary  under this chapter. The
proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500)  ,   of 
Part 1  ,   of  Division 3  ,
 of  Title 2 of the Government Code.
   SEC. 22.    Section 9263 of the   Food and
Agricultural Code   is amended to read: 
   9263.  If the  director   secretary 
finds that  biologics   blood or blood component
products  do not conform to the requirements of Section 9242
 or 9243  or the use or continued use of such
products constitutes an immediate danger to  persons or
 animals,  he   the secretary 
may, after notice, suspend the registration of  such
biologics   those blood or blood component products
 or license of an establishment producing  such
biologics   those blood or blood component products
 pending a hearing and final decision.
   SEC. 23.    Section 9264 of the   Food and
Agricultural Code   is amended to read: 
   9264.   (a)    If the  director
  secretary  finds  a serial or serials of
a registered biologic which   blood or blood component
products that  do not meet the requirements of Section 9242
 or 9243  ,  he   the secretary
 may order  such serial or serials   those
blood or blood component products  to be held on the premises
where found or elsewhere until he  or she  has determined
that the products may be safely released for the purposes intended.

   The director 
    (b)     The secretary  may order the
destruction of any  blood or blood component  products under
 such  a hold order if the  blood or blood
component  products cannot be made to meet the requirements of
Section 9242  or 9243  .
   SEC. 24.    Section 9267 of the   Food and
Agricultural Code   is amended to r   ead: 
   9267.  Notwithstanding Section 4827 of the Business and
Professions Code, for commercial blood banks for animals licensed by
the department, anesthesia shall be performed  by a
California licensed veterinarian or by a registered veterinary
technician under the direct supervision of a California licensed
veterinarian  pursuant to Section 4826 of the Business
and Professions Code  .
   SEC. 25.    Section 9268 of the   Food and
Agricultural Code   is amended to read: 
   9268.  The requirements set forth in subdivision (c) of Section
9212, subdivision (e) of Section 9221, subdivision (c) of Section
9231, and Sections  9265,  9266  , 
and 9267:
   (a) Shall not apply to those facilities required to be inspected
by the United States Department of Agriculture in accordance with the
Animal Welfare Act (Chapter 54 (commencing with Section 2131) of
Title 7 of the United States Code)  , or to federal biologics
licensees  .
   (b) Shall apply to those facilities housing blood donor animals
under contract with commercial blood banks for animals licensed by
the department.
   (c) Shall not apply to private veterinarians who maintain their
own, in-office blood donor animals for use in their own practice.
   SEC. 26.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 9211 of the Food and
Agricultural Code is amended to read:
   9211.  No person shall engage in the production of biologics
except in any of the following:
   (a) In an establishment licensed by the United States Department
of Agriculture.
   (b) In an establishment producing biologics only for use by the
owner or operator of that establishment for animals owned by him or
her. Biologics produced in such an establishment shall be registered
by the secretary under this chapter.
   (c) In an establishment licensed by the secretary.