BILL NUMBER: SB 416 AMENDED BILL TEXT AMENDED IN SENATE APRIL 22, 2009 AMENDED IN SENATE APRIL 16, 2009 INTRODUCED BY Senator Florez FEBRUARY 26, 2009 An act to add Section 49437 to the Education Code, 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 amended, 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 nontherapeutic antibiotics to pupils, thereby imposing a state-mandated local program. (2) 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 nontherapeuticand prophylacticuse 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. (3) 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. (4) 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. (a) Commencing January 1, 2012, a school or school district shall not serve poultry and meat products treated with nontherapeutic antibiotics to pupils. (b) For purposes of this section, "antibiotic" and "nontherapeutic" have the same meaning as those terms are given in Section 18739 of the Food and Agricultural Code. SEC. 2. Section 18739 is added to the Food and Agricultural Code, to read: 18739. (a) Commencing January 1, 2015, no person shall use antibiotics for nontherapeuticand prophylacticuse in any animal raised for the production of any human food product. (b) For purposes of this section, "antibiotic" means any drug intended for use in food-producing animals that is composed wholly or partly of either of the following: (1) Any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, minoglycoside, or sulfonamide. (2) Any other drug or derivative of a drug that is used in humans or intended for use in humans to treat or prevent disease or infection caused by micro-organisms. (c) For purposes of this section, "nontherapeutic use," with respect to antibiotics, means any use of the drug as a feed or water additive for an animal in the absence of any clinical sign of disease in the animal for growth promotion, feed efficiency, weight gain, routine disease prevention, or other routine purpose. SEC. 3. Section 4335 is added to the Government Code, to read: 4335. (a) 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. (b) For purposes of this section, "antibiotic" has the same meaning as that term is given in Section 18739 of the Food and Agricultural Code. SEC. 4. 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.