BILL NUMBER: SB 416	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 26, 2009

   An act to add Section 49437 to the Education Code, to amend
Section 14289 of, and to add Section 18739 to, the Food and
Agricultural Code, and to add Section 4335 to the Government Code,
relating to antibiotics.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 416, as introduced, Florez. Antibiotics.
   (1) The Pupil Nutrition, Health, and Achievement Act of 2001
requires a school to follow the Enhanced Food Based Meal Pattern,
Nutrient Standard Meal Planning, or Traditional Meal Pattern
developed by the United States Department of Agriculture or the
Shaping Health as Partners in Education (SHAPE) Menu Patterns
developed by the state in order to qualify for reimbursement for free
and reduced-price meals sold or served to pupils. The act
additionally prescribes nutrition standards for snacks sold to pupils
in middle, junior, or high school with certain exceptions, and
prohibits the sale of certain beverages to a pupil at an elementary
school, except as specified. Existing law, commencing July 1, 2009,
prohibits schools from making available to pupils food containing
artificial trans fat, as specified.
   This bill would prohibit, commencing January 1, 2012, a school or
school district from serving poultry and meat products treated with
antibiotics to pupils, thereby imposing a state-mandated local
program.

   (2) Existing law prescribes the distribution and use of livestock
drugs, as defined, and prohibits a person from selling any livestock
drug without a registration certificate issued by the Director of
Pesticide Regulation. Existing law exempts from this requirement any
livestock drug sold by or under the direction of a licensed
veterinarian or that is compounded by a registered pharmacist upon
the prescription of a licensed veterinarian. Existing law defines a
restricted drug for these purposes as a livestock drug which, if
improperly administered to livestock is dangerous to the health of
the livestock or to humans who consume products from that livestock.
Restricted drugs include, among others, antibiotic preparations.
Existing law prohibits the registration of a restricted drug in
certain circumstances.
   This bill would prohibit the registration of any antibiotic
preparations.
   (3) Existing law authorizes the Secretary of Food and Agriculture,
if the secretary determines that an animal raised for the production
of any food product is or may be carrying in its body pesticides,
poisons, or other deleterious substances, including, among others,
antibiotics, which may render any food product from such animal
injurious to human health, to order the animal held and segregated
until the secretary has determined that the animal may safely be
released for human food purposes.
   This bill would, commencing January 1, 2015, prohibit a person
from using antibiotics for nontherapeutic and prophylactic use in any
animal raised for the production of any human food product.
   Under existing law, a violation of this provision of the bill
would be a crime. Because this bill would create new crimes, the bill
would impose a state-mandated local program.
   (4) Under existing law, in the purchase of supplies, state and
local governments are required to prefer supplies grown,
manufactured, or produced in this state.
   This bill would also require state and local governments, when
purchasing meat supplies, to prefer meat supplies produced without
the use of medically important antibiotics as feed additives. Because
this requirement would impose a new duty on local governmental
agencies, the bill would impose a state-mandated local program.
   (5) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 49437 is added to the Education Code, to read:
   49437.  Commencing January 1, 2012, a school or school district
shall not serve poultry and meat products treated with antibiotics to
pupils.
  SEC. 2.  Section 14289 of the Food and Agricultural Code is amended
to read:
   14289.   (a)    If the livestock drug is a
restricted drug, the director shall also refuse registration if he
 or she  finds that the instructions for use do not contain
adequate and satisfactory directions as to the methods of handling,
caring for, holding, or otherwise managing the livestock to which the
drug is administered so as to eliminate any danger to the health of
any person who might consume food products which are derived from
 such   that  livestock. 
   (b) Notwithstanding any other provision of law, the director shall
refuse registration of any antibiotic preparations. 
  SEC. 3.  Section 18739 is added to the Food and Agricultural Code,
to read:
   18739.  Commencing January 1, 2015, no person shall use
antibiotics for nontherapeutic and prophylactic use in any animal
raised for the production of any human food product.
  SEC. 4.  Section 4335 is added to the Government Code, to read:
   4335.  All state and local governmental agency personnel charged
with purchasing meat products for human consumption shall always
prefer meat supplies produced without the use of medically important
antibiotics as feed additives.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.