Amended in Assembly April 15, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1388


Introduced by Committee on Agriculture

March 4, 2013


begin deleteAn act to amend Section 9641.5 of the Food and Agricultural Code, relating to animal quarantine. end deletebegin insertAn act to amend Sections 9641.5, 24000, 24001, 24004, 24005, 24006, 24008, 24009, 24011, 24012, and 24015 of, to amend and repeal Section 24011.5 of, and to add Section 24011.6 to, the Food and Agricultural Code, relating to horses.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1388, as amended, Committee on Agriculture. begin deleteAnimal quarantine: horses and Equidae: importation: test verification. end deletebegin insertHorses: test verification, horse shows, competitions, and sales.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law requires any horse or other Equidae brought into this state to be accompanied by a certificate of health and verification that the horse or Equidae has been tested within the preceding 6 months and found negative to a test for equine infectious anemia, except as otherwise specified. A violation of those provisions is a crime.

This bill would instead require verification that a horse or other Equidae has been tested, and found negative, for equine infectious anemia within the preceding 12 months.begin delete The bill would also make technical changes.end delete

begin insert

(2) Existing law provides for the regulation of horse shows, competitions, or sales by the Secretary of Food and Agriculture, and defines public horse shows, competitions, or sales for those purposes. Existing law provides that a trainer or owner of a horse, or both, are responsible for complying with the provisions regulating horse shows, competitions, and sales, and makes a trainer or owner responsible for complying with specified requirements after any course of medical therapy has been administered or prescribed by a licensed veterinarian who is employed to examine or treat a horse pursuant to those provisions. Existing law generally requires every horse show, competition, or sale to be registered with the Department of Food and Agriculture, and requires an event manager to file a completed registration form with the department at least 30 days prior to the beginning of the event. A violation of the provisions relating to horse shows, competitions, or sales is a crime.

end insert
begin insert

This bill would instead define events that are subject to those provisions as “public equine events” and “public horse sales,” as specified. The bill would specify that the trainer and owner are both responsible for compliance with the requirements regarding the administration of medical therapy after the licensed veterinarian is employed by either the trainer or owner. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would extend the deadline for registration for an event by an event manager from 30 days to 60 days prior to the beginning of the event.

end insert
begin insert

(3) Existing law makes the provisions regulating horse shows and competitions inapplicable to public horse shows and competitions that do not last longer than a day and in which the cumulative fees do not exceed $4.99.

end insert
begin insert

This bill would instead make the provisions regulating public equine events inapplicable to events where the entry fee for a single, one-day event does not exceed $4.99, and any other fees charged do not exceed $19.99.

end insert
begin insert

(4) Existing law authorizes the therapeutic administration of nonsteroidal anti-inflammatory drugs (NSAIDs), prior to and during all events except public auctions, provided that the dosage does not exceed limits established by regulation. Existing law establishes the maximum detectable plasma levels for certain NSAIDs for those purposes.

end insert
begin insert

This bill would require the department to establish, by regulation, an approved therapeutic medications list and maximum detectable plasma levels on or before July 1, 2014, and would repeal the provisions establishing the maximum detectable plasma levels specified by statute on that date.

end insert
begin insert

(5) This bill would also make other technical and conforming changes.

end insert
begin insert

(6) 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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 9641.5 of the Food and Agricultural Code
2 is amended to read:

3

9641.5.  

(a) Any horse or other Equidae brought into this state
4shall be accompanied by the following:

5(1) A certificate of health from the state of origin issued by an
6accredited veterinarian. The certificate shall state that the horse or
7other Equidae is free from evidence of any communicable disease.

8(2) Verification that any horse or Equidae has been tested within
9the preceding 12 months and found negative to a test for equine
10infectious anemia. The test shall be approved by the secretary and
11conducted by a laboratory approved by the United States
12Department of Agriculture, and the necessary sample shall be
13taken, and the verification signed by, an accredited veterinarian.

14(b) A nursing foal of less than six months of age when
15accompanied by a negative dam and any horse or other Equidae
16consigned for immediate slaughter shall be exempt from the testing
17requirements of this section.

18(c) Any horse or other Equidae moved from California to another
19state for a period of not more than 14 days,begin delete areend deletebegin insert isend insert exempt from this
20section upon returning to California,begin delete provided,end deletebegin insert providedend insert that the
21exemption does not apply to any horse or other Equidae that leaves
22the continental United States.

23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 24000 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
24amended to read:end insert

25

24000.  

The Legislature finds and declares the following:

26(a) That the public has a valuable interest in publicbegin delete horse shows,
27horse competitions,end delete
begin insert equine eventsend insert andbegin insert publicend insert horse sales.

P4    1(b) That it is the intent of this chapter to ensure the integrity of
2publicbegin delete horse shows, horse competitions, andend deletebegin insert equine events and
3publicend insert
horse sales through the control of performance and
4disposition enhancing medications while limiting permitted
5therapeutic usage at horse shows and competitions.

6begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 24001 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
7amended to read:end insert

8

24001.  

For the purposes of this chapter:

9(a) “Event” meansbegin delete anyend deletebegin insert aend insert publicbegin delete horse show, competition
10(includingend delete
begin insert equine event or public horse sale that is held in the
11state, including aend insert
cutting horsebegin delete competitions,end deletebegin insert competition, anend insert
12 endurance ridingbegin delete competitions,end deletebegin insert competition, aend insert competitive trail
13begin delete competitions, gymkhanas, andend deletebegin insert competition, orend insert any other
14competition as determined by thebegin delete secretaryend deletebegin insert departmentend insert by
15begin delete regulation), or sale, in which money, goods, or services are
16exchanged for the right to compete for a single set of placings
17leading to points or awards at the show or competition, or to permit
18a horse to be consigned for sale. “Event” does not include any of
19the following:end delete
begin insert regulation.end insert

begin insert

20(b) An equine event that is subject to the provisions of this
21chapter shall meet all of the following criteria:

end insert
begin insert

22(1) Money, goods, or services are exchanged for the right to
23compete.

end insert
begin insert

24(2) Individuals compete for a single set of placings, points, or
25awards at the equine event.

end insert
begin insert

26(3) For one-day events, the entry fee to enter a single class
27exceeds four dollars and ninety-nine cents ($4.99), and either no
28other fees are charged or other fees charged exceed nineteen
29dollars and ninety-nine cents ($19.99). Fees charged may include
30ground fees, stall fees, or any other fees composed of money, goods,
31or services assessed to permit competitors to enter into the event.

end insert
begin insert

32(c) Sales that are subject to the provisions of this chapter are
33public sales that permit a horse to be consigned for public sale.

end insert
begin insert

34(d) The following events are excluded from this chapter:

end insert

35(1) begin deleteThose competitions end deletebegin insertCompetitionsend insertbegin insert end insertsubject to the jurisdiction
36of the California Horse Racing Board.

37(2) Sales consisting solely of racing stock.

begin insert

38(3) Parade horse competitions.

end insert
begin delete

39(3)

end delete

P5    1begin insert(4)end insert Abegin insert timedend insert rodeo-relatedbegin insert performanceend insert competitionbegin delete including
2both rough stock and timed performance competitionsend delete
when held
3apart from a horse showbegin insert, including, but not limited to, rodeo,
4roping club, cattle team penning, barrel racing, and gymkhanaend insert
.

begin delete

5(4) Roping club events when held apart from a horse show.

end delete
begin delete

6(5) Cattle team pennings when held apart from a horse show.

end delete
begin delete

7(6) Barrel racing when held apart from a horse show.

end delete
begin delete

8(7) Parade horse competitions.

end delete
begin delete

9(8) Public horse shows and public horse competitions that do
10not last longer than one day and whose total cumulative fees to
11enter into any one or all classes do not exceed four dollars and
12ninety-nine cents ($4.99), unless otherwise prescribed by the
13secretary by regulation. “Grounds fees,” “stall fees,” or any other
14fee composed of money, goods, or services, which is assessed to
15permit competitors or consignors to enter into an event are
16considered a part of this total cumulative fee.

end delete
begin delete

17(b)

end delete

18begin insert(e)end insert “Event manager” means the person in charge of an event,
19including the entity or individual financially responsible for the
20event that is responsible for registering the event with the
21department, and who is responsible for the assessment, collection,
22and remittance of fees. “Event manager” includes horse show
23secretaries and managers, competitive event managers, and horse
24sale managers and sale owners.

begin delete

25(c)

end delete

26begin insert(f)end insert “Horse” meansbegin delete and includesend delete all horses, mules, and asses.

begin delete

27(d)

end delete

28begin insert(g)end insert “Licensed veterinarian” meansbegin delete anyend deletebegin insert aend insert person licensed as a
29veterinarian by the State of California.

begin delete

30(e)

end delete

31begin insert(h)end insert “Prohibited substance”begin delete is anyend deletebegin insert means aend insert stimulant, depressant,
32tranquilizer, anesthetic, including any local anesthetic, sedative
33analgesic, corticosteroid, anabolic steroid, or agent that would sore
34a horse,begin delete whichend deletebegin insert thatend insert could affect the performance, soundness, or
35disposition of a horse, or any drugbegin insert,end insert regardless of how harmless or
36innocuous it might otherwise bebegin insert,end insert that could interfere with the
37detection of any prohibitedbegin delete substance. It also includesend deletebegin insert substance,
38includingend insert
any metabolite or derivative of any prohibited substance.

begin delete

39(f)

end delete

P6    1begin insert(i)end insertbegin delete“NSAIDs” are end deletebegin insert“NSAID” means end inserta nonsteroidal
2anti-inflammatorybegin delete drugsend deletebegin insert drugend insert.

begin delete

3(g)

end delete

4begin insert(j)end insert “Therapeutic administration” means the administration of a
5drug or medicine that is necessary for the treatment of an illness
6or injury diagnosed by a licensed veterinarian. The administration
7of a prescription drug or medicine shall only be as given or
8prescribed by the licensed veterinarian. The administration of a
9nonprescription drug or medicine shall be in accordance with the
10directions on the manufacturer’s label.

begin delete

11(h)

end delete

12begin insert(k)end insert “Exemptbegin delete medications” areend deletebegin insert medication” means anend insert oral or
13topicalbegin delete medicationsend deletebegin insert medicationend insert containing prohibited substances
14determined by thebegin delete secretaryend deletebegin insert department end insertto be exempt from this
15chapter when administered therapeutically.

begin delete

16(i) “Public” horse shows, competitions, or sales are those events

end delete

17begin insert(l)end insertbegin insertend insertbegin insert“Public equine event” means a horse show or competition end insert
18thatbegin delete permitend deletebegin insert permitsend insert a person to enterbegin delete or consignend delete a horse forbegin delete saleend delete
19begin insert show or competitionend insert in exchange for money, goods, or services.
20begin delete Any club or group that permits people to join, enter into
21competition, or consign a horse for sale in exchange for money,
22goods, or services, is “public” for the purposes of this chapter.end delete

begin insert

23(m) “Public horse sale” is a sale that consigns a horse in
24exchange for money, goods, or services, excluding sales consisting
25solely of racing stock.

end insert
begin delete

26(j)

end delete

27begin insert(n)end insert “Stimulant or depressant” meansbegin delete anyend deletebegin insert aend insert medication that
28stimulates or depresses the circulatory, respiratory, or central or
29peripheral nervous system.

begin delete

30(k)

end delete

31begin insert(o)end insert To “sore” means to apply an irritating or blistering agent
32internally or externally for the purpose of affecting the
33performance, soundness, or disposition of a horse.

begin delete

34(l)

end delete

35begin insert(p)end insert “Trainer” meansbegin delete anyend deletebegin insert aend insert person who has the responsibility
36for the care, training, custody, or performance of a horse, including,
37but not limited to,begin delete anyend deletebegin insert aend insert person who signs any entry blank ofbegin delete anyend delete
38begin insert aend insert publicbegin delete horse show, competition, orend deletebegin insert equine event or public horseend insert
39 sale, whether that person is an owner, rider, agent, coach, adult,
40or minor.

P7    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 24004 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
2amended to read:end insert

3

24004.  

begin deleteNo end deletebegin insertA end inserthorse shallbegin insert notend insert be shown in any class atbegin delete a public
4horse show, horse competition, or horse saleend delete
begin insert an eventend insert if it has been
5administered in any mannerbegin delete anyend deletebegin insert aend insert prohibited substance in violation
6of this chapter.

7begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 24005 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
8amended to read:end insert

9

24005.  

The trainer or owner, or both the trainer and owner, in
10the absence of substantial evidence to the contrary, is responsible
11for a horse’s condition and is charged with knowledge ofbegin delete all ofend delete the
12provisions contained in this chapter and the rules and regulations
13adopted pursuantbegin delete theretoend deletebegin insert to this chapterend insert. Ifbegin delete anyend deletebegin insert aend insert trainer is
14prevented from performing hisbegin insert or herend insert duties, including
15responsibility for the condition ofbegin delete anyend deletebegin insert aend insert horse in hisbegin insert or herend insert care,
16by illness or other cause, or is absent from anybegin delete public horse show,
17horse competition, or horse saleend delete
begin insert eventend insert where a horse under hisbegin insert or
18herend insert
care is entered and stabled,begin delete heend deletebegin insert the trainerend insert shall immediately
19notify the begin delete horse show secretary, horse competition secretary,end delete
20begin insert secretaryend insert or manager of thebegin delete horse saleend deletebegin insert event,end insert and at the same time
21a substitute shall be appointed by the trainerbegin delete and such aend deletebegin insert. end insertbegin insertTheend insert
22 substitute shall place hisbegin insert or herend insert name on the entry blank at that
23time.begin delete Suchend deletebegin insert Theend insert substitute shall have the same responsibilities as
24the substituted trainer would have had for the condition of any
25horse in hisbegin insert or herend insert care.

26begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 24006 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
27amended to read:end insert

28

24006.  

begin deleteAny end deletebegin insertAend insertbegin insert end inserttrainerbegin delete orend deletebegin insert,end insert owner, or both the trainer and owner,
29event manager, or any person who administers, attempts to
30administer, instructs, authorizes, aids, conspires with another to
31administer, or employs anyone who administers or attempts to
32administer a prohibited substance to a horse in violation of this
33chapter shall be subject to the penalties provided in this chapter
34that are applicable to the trainer or owner. The trainerbegin delete or end deletebegin insert and end insert
35ownerbegin delete isend deletebegin insert are bothend insert responsible for complying with this chapter after
36any course of medical therapy has been administered or prescribed
37by a licensed veterinarian employed bybegin insert eitherend insert the trainer or owner
38to examine and treat a horse. A licensed veterinarian who is
39employed by a trainer or owner to examine and treat a horse is not
P8    1subject to the penalties provided in this chapter solely on account
2of that examination and treatment or prescription.

3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 24008 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
4amended to read:end insert

5

24008.  

begin deleteThe horses end deletebegin insertA horse end insertatbegin delete a public horse show, competition,
6or horse sale areend delete
begin insert an event isend insert subject to examination under the
7direction of a licensed veterinarian of the department or agent
8thereof. The appointed licensed veterinarian, with the approval of
9thebegin delete secretaryend deletebegin insert departmentend insert, may appoint technicians and agents to
10perform certain duties under this chapter that are not prohibited
11by other provisions of law. The examination may include physical,
12begin delete saliva,end delete urine,begin insert orend insert blood tests, or any otherbegin delete testsend deletebegin insert testend insert or procedurebegin delete inend delete
13begin insert atend insert the discretion of the licensed veterinarianbegin insert, that isend insert necessary to
14effectuate the purposes of this chapter. Any or all horses in or from
15a class or all classes inbegin delete a public horse show or competitionend deletebegin insert an eventend insert
16 or any horse entered into or from any class or competition or sale,
17whether in competition or not, if the horse is on the show or sale
18grounds, or any horse withdrawn by any person or trainer within
1924 hoursbegin delete prior toend deletebegin insert beforeend insert a class for which it has been entered as
20well as any horse withdrawn from any horse sale, may be
21examined.

22begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 24009 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
23amended to read:end insert

24

24009.  

Whether a horse is in competition or not, refusal to
25submit a horse inbegin delete a public horse show, competition, or saleend deletebegin insert an
26eventend insert
for examinationbegin insert,end insert orbegin insert refusalend insert to cooperate with the licensed
27veterinarianbegin insert,end insert or his or her technicians and agentsbegin insert,end insert shall constitute
28a violation of, and subject the responsible person to, the same
29penalties that are applicable to prohibited substances or NSAIDs
30under Section 24007. A suitable sample shall be collected from a
31horse selected for testing by a drug testing agent of the department
32unless the agent releases the horse from testing.

33begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 24011 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
34amended to read:end insert

35

24011.  

begin insert(a)end insertbegin insertend insert A horsebegin delete exhibited at an eventend delete thatbegin delete receivesend deletebegin insert has
36receivedend insert
a prohibited substancebegin delete or any NSAID for which a
37maximum detectable plasma level has been established in Section
3824011.5, within 48 hours prior to any withdrawal time established
39by or pursuant to this chapter,end delete
shall not be eligible for show,
40competition, or sale, unless the following requirements have been
P9    1met and the facts requested are submitted to thebegin delete secretaryend delete
2begin insert departmentend insert in writing:

begin delete

3(a)

end delete

4begin insert(1)end insert Medication shall be therapeutic and necessary for treatment
5of an illness or injury.

begin delete

6(b)

end delete

7begin insert(2)end insert A horse shall be withdrawn from a show or competition for
8a period of not less than 24 hours after a prohibited substance is
9administered, unless thebegin delete secretaryend deletebegin insert departmentend insert determines a
10different withdrawal period for a specific prohibited substance or
11class of substances. A horse shall be withdrawn from a public sale
12for a period of not less than 72 hours after a prohibited substance
13or NSAID is administered. The withdrawal period for anabolic
14steroids is 90 days after administration and the withdrawal period
15for fluphenazine or reserpine is 45 days after administration.

begin delete

16(c)

end delete

17begin insert(3)end insert The medication shall be administered by a licensed
18veterinarian, the trainer, or owner.

begin delete

19(d)

end delete

20begin insert(4)end insert Medication shall be identified as to the amount, strength,
21and mode of administration.

begin delete

22(e)

end delete

23begin insert(5)end insert The statement shall include the date and time of
24administration of the medication.

begin delete

25(f)

end delete

26begin insert(6)end insert The horse shall be identified by its name, age, sex, color,
27and entry number.

begin delete

28(g)

end delete

29begin insert(7)end insert The statement shall contain the diagnosis of the attending
30veterinarian and reason for administering the medication.

begin delete

31(h)

end delete

32begin insert(8)end insert The statement shall be signed by the person administering
33the medication.

begin delete

34(i)

end delete

35begin insert(9)end insert The statement shall be filed with the event manager of the
36publicbegin delete horse show or competitionend deletebegin insert equine eventend insert or general manager
37of thebegin insert publicend insert horse sale within one hour after administration or
38one hour after the event manager of the event returns to duty, if
39administration is at a time other than during show or sale hours.

begin delete

40(j)

end delete

P10   1begin insert(10)end insert The statement shall be signed by the event manager or his
2or her designated representative and time of receipt recorded on
3the statement by the event manager or his or her designated
4representative.

begin delete

5If

end delete

6begin insert(b)end insertbegin insertend insertbegin insertIfend insert the chemical analysis of the sample taken from a horse so
7treated indicates the presence of a prohibited substance and all the
8requirements of this section have been fully complied with, the
9information contained in the medication report and any other
10relevant evidence shall be considered at any hearing provided
11under this chapter in determining whether any provision of this
12chapter has been violated.

13begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 24011.5 of the end insertbegin insertFood and Agricultural Codeend insert
14begin insert is amended to read:end insert

15

24011.5.  

begin insert(a)end insertbegin insertend insert The therapeutic administration of NSAIDs is
16permittedbegin delete prior toend deletebegin insert beforeend insert and during all events except public
17auctions, provided that the dosage or combined dosages do not
18exceed any limits established by regulation. However, atbegin delete horse
19shows and competitionsend delete
begin insert public equine eventsend insert, the maximum
20number of detectable NSAIDs by laboratory analysis shall be
21limited to two, except that phenylbutazone and flunixin are not
22permitted in the same plasma or urine sample. Additionally, the
23maximum detectable plasma levels for the following NSAIDs are:

begin delete

24(a)

end delete

25begin insert(1)end insert 15.0 micrograms per milliliter of phenylbutazone.

begin delete

26(b)

end delete

27begin insert(2)end insert 1.0 micrograms per milliliter of flunixin.

begin delete

28(c)

end delete

29begin insert(3)end insert 0.250 micrograms per milliliter of ketoprofen.

begin delete

30(d)

end delete

31begin insert(4)end insert 2.5 micrograms per milliliter of meclofenamic acid.

begin delete

32(e)

end delete

33begin insert(5)end insert 40 micrograms per milliliter of naproxen.

begin delete

34(f)

end delete

35begin insert(6)end insert 0.1 micrograms per milliliter of eltenac, upon approval of
36eltenac by the FDA.

begin insert

37(b) This section is repealed on July 1, 2014.

end insert
38begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 24011.6 is added to the end insertbegin insertFood and Agricultural
39Code
end insert
begin insert, to read:end insert

begin insert
P11   1

begin insert24011.6.end insert  

(a) The therapeutic administration of NSAIDs is
2permitted before and during all events except public auctions,
3provided that the dosage does not exceed any limits established
4by the department by regulation.

5(b) On or before July 1, 2014, the department shall establish,
6by regulation, the approved therapeutic medications list and
7maximum detectable plasma levels.

end insert
8begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 24012 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
9amended to read:end insert

10

24012.  

(a) (1) To provide funds for enforcement of this
11chapter, the event manager of every event shall charge and collect
12the applicable fee for each horse entered or exhibited in the event,
13and each horse consigned for public sale. The secretary may, by
14regulation, set the applicable fee, in consultation with the advisory
15committee appointed pursuant to Section 24013.5, at an amount
16necessary to carry out this chapter.begin delete Event managersend deletebegin insert An event
17managerend insert
shall be notified of the applicable fee at the time of
18registration of an event. The event manager of the registered event
19shall remit the fee established pursuant to this section, in addition
20to the completed assessment report for the registered event, as
21prescribed by the secretary, to the department within 15 days after
22completion of the event. The event manager shall maintain event
23records for a period of two years after the completion of the event.
24Upon request by the department, the event records shall be made
25available to the department for inspection and photocopying to
26enable verification of appropriate fee collection and remittance.

27(2) Notwithstandingbegin delete subdivision (a) ofend delete Section 24001, a show
28event held over multiple consecutive days, with a different judge
29on each day, that is registered and managed by the same event
30manager on the same premises, shall be considered one event for
31the purpose of the assessment of the fee.

32(b) begin deleteAny end deletebegin insertAn end insertevent manager who does not pay to the department
33the full amount that is due pursuant to this section shall pay a civil
34penalty of 10 percent of the amount due plus interest at the rate of
35112 percent per month of the unpaid balance computed from the
36date of the event. The event manager is personally liable for fees
37and penalties owed the department pursuant to this section.

38(c) Fees and penalties collected pursuant to this section shall be
39deposited in the Department of Food and Agriculture Fund. All
40funds received by the department from fees and penalties pursuant
P12   1to this section shall be used exclusively to carry out the intent and
2purpose of this chapter, including, but not limited to,
3pharmacological studies, drug testing, and drug research, inspection
4for drugs, prosecution of alleged offenders, administrative costs,
5attorney’s and expert witness fees, and any other costs necessary
6to carry out this chapter.

7begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 24015 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
8amended to read:end insert

9

24015.  

(a) Every event shall be registered with the department,
10unless otherwise prescribed by the secretary by regulation. The
11event manager of an event shall file a completed registration form
12with the department, as prescribed by the secretary, at leastbegin delete 30end deletebegin insert 60end insert
13 days begin deleteprior toend deletebegin insert beforeend insert the beginning of the event, which shall
14constitute the registration of the event.

15(b) An event manager who fails to register an event required to
16be registered pursuant to this chapter is subject to a civil penalty
17to be levied by the secretary in an amount not less than one hundred
18dollars ($100) or more than two thousand five hundred dollars
19($2,500). In determining the amount of the penalty, the secretary
20shall consider any previous violations, and whether the event
21manager cooperated in good faith with the department.

22(c) In addition to the civil penalty specified in subdivision (b),
23the secretary may, after notice and an opportunity for a hearing,
24suspend the event manager from hosting or managing a public
25begin delete horse show or competitionend deletebegin insert equine eventend insert for a period of not less
26than 90 days or more than one year for each violation. It is unlawful
27for an event manager suspended from hosting or managing a public
28begin delete horse show or competitionend deletebegin insert equine eventend insert by the secretary to conduct
29a publicbegin delete horse show or competitionend deletebegin insert equine eventend insert during the period
30of suspension. An event manager suspended by the secretary from
31hosting or managing a publicbegin delete horse show or competitionend deletebegin insert equine
32eventend insert
, who hosts or manages a publicbegin delete horse show or competitionend delete
33begin insert equine eventend insert during the period of suspension, is subject to the civil
34penalty prescribed by subdivision (b) for each publicbegin delete horse show
35or competitionend delete
begin insert equine eventend insert held during the period of suspension.

36begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
37to Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P13   1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.

end insert


O

    98