AB 1388, as amended, Committee on Agriculture. Horses: test verification, horse shows, competitions, and sales.
(1) Existing 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.
(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.
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.
(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.
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.
(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.
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.
(5) This bill would also make other technical and conforming changes.
(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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 9641.5 of the Food and Agricultural Code
2 is amended to read:
(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, is exempt from this
20section upon returning to California, provided that the exemption
21does not apply to any horse or other Equidae that leaves the
22continental United States.
Section 24000 of the Food and Agricultural Code is
24amended to read:
The Legislature finds and declares the following:
26(a) That the public has a valuable interest in public equine events
27and public horse sales.
28(b) That it is the intent of this chapter to ensure the integrity of
29public equine events and public horse sales through the control of
P4 1performance and disposition enhancing medications while limiting
2permitted therapeutic usage at horse shows and competitions.
Section 24001 of the Food and Agricultural Code is
4amended to read:
For the purposes of this chapter:
6(a) “Event” means a public equine event or public horse sale
7that is held in the state, including a cutting horse
competition, an
8endurance riding competition, a competitive trail competition, or
9any other competition as determined by the department by
10
regulation.
11(b) An equine event that is subject to the provisions of this
12chapter shall meet all of the following criteria:
13(1) Money, goods, or services are exchanged for the right to
14compete.
15(2) Individuals compete for a single set of placings, points, or
16awards at
the equine event.
17(3) For one-day events, the entry fee to enter a single class
18exceeds four dollars and ninety-nine cents ($4.99), and either no
19other fees are charged or other fees charged exceed nineteen dollars
20and ninety-nine cents ($19.99). Fees charged may include ground
21fees, stall fees, or any other fees composed of money, goods, or
22services assessed to permit competitors to enter into the event.
23(c) Sales that are subject to the provisions of this
chapter are
24public sales that permit a horse to be consigned for public sale.
25(d) The following events are excluded from this chapter:
26(1) Competitions
subject to the jurisdiction of the California
27Horse Racing Board.
28(2) Sales consisting solely of racing stock.
29(3) Parade horse competitions.
30(4) A
timed rodeo-related performance competition when held
31apart from a horse show, including, but not limited to, rodeo, roping
32club, cattle team penning, barrel racing, and gymkhana.
33(e) “Event manager” means the person in charge of an event,
34including the entity or individual financially responsible for the
35event that is responsible for registering the event with the
36department, and who is responsible for the assessment, collection,
37and remittance of fees. “Event manager” includes horse show
38secretaries and managers, competitive event managers, and horse
39sale managers and sale owners.
40(f) “Horse” means all horses, mules, and asses.
P5 1(g) “Licensed veterinarian” means a person licensed as a
2veterinarian by the State of California.
3(h) “Prohibited substance”
means a stimulant, depressant,
4tranquilizer, anesthetic, including any local anesthetic, sedative
5analgesic, corticosteroid, anabolic steroid, or agent that would sore
6a horse, that
could affect the performance, soundness, or disposition
7of a horse, or any drug, regardless of how harmless or innocuous
8it might otherwise be, that could interfere with the detection of
9any prohibited substance, including any metabolite or derivative
10of any prohibited substance.
11(i) “NSAID” means a nonsteroidal anti-inflammatory drug.
12(j) “Therapeutic administration” means the administration of a
13drug or medicine that is necessary for the treatment of an illness
14or injury diagnosed by a licensed veterinarian. The administration
15of a prescription drug or medicine shall only be as given or
16prescribed by the licensed veterinarian. The administration of a
17nonprescription drug or medicine shall be in accordance with the
18directions on the manufacturer’s label.
19(k) “Exempt medication” means an oral or topical medication
20
containing prohibited substances determined by the
department to
21be exempt from this chapter when administered therapeutically.
22(l) “Public equine event” means a horse show or competition
23that
permits a person to enter a horse for show or competition in
24exchange for money, goods, or services.
25(m) “Public horse sale” is a sale that consigns a horse in
26exchange for money, goods, or services, excluding sales consisting
27solely of racing stock.
28(n) “Stimulant or depressant” means a medication that stimulates
29or depresses the circulatory, respiratory, or central or peripheral
30nervous system.
31(o) 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.
34(p) “Trainer” means a person who has the responsibility for the
35care, training, custody, or performance of a horse, including, but
36not limited to, a person who signs any entry blank of
a public
37equine event or public horse sale, whether that person is an owner,
38rider, agent, coach, adult, or minor.
begin insertSection 24001 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
40amended to read:end insert
Forbegin delete theend delete purposes of this chapter:
2(a) “Event” meansbegin delete anyend deletebegin insert aend insert publicbegin delete horse show, competition begin insert equine event or public horse sale that is held in the
3(includingend delete
4state, including aend insert cutting horsebegin delete competitions,end deletebegin insert
competition, anend insert
5 endurance ridingbegin delete competitions,end deletebegin insert competition, aend insert competitive trail
6begin delete competitions, gymkhanas, andend deletebegin insert competition, orend insert any other
7competition as determined by thebegin delete secretaryend deletebegin insert departmentend insert by
8begin delete regulation), or sale, in which money, goods, or services are begin insert
regulation.end insert
9exchanged for the right to compete for a single set of placings
10leading to points or awards at the show or competition, or to permit
11a horse to be consigned for sale. “Event” does not include any of
12the following:end delete
13(b) An equine event that is subject to the provisions of this
14chapter shall meet all of the following criteria:
15(1) Money, goods, or services are exchanged for the right to
16compete.
17(2) Individuals compete for a single set of placings, points, or
18awards at
the equine event.
19(3) For one-day events, the entry fee to enter a single class
20exceeds four dollars and ninety-nine cents ($4.99), and either no
21other fees are charged or other fees charged exceed nineteen
22dollars and ninety-nine cents ($19.99). Fees charged may include
23ground fees, stall fees, or any other fees composed of money, goods,
24or services assessed to permit competitors to enter into the event.
25(c) Sales that are subject to the provisions of this
chapter are
26public sales that permit a horse to be consigned for public sale.
27(d) The following events are excluded from this chapter:
end insert
28(1) begin deleteThose competitions end deletebegin insertCompetitionsend insertbegin insert end insertsubject to the jurisdiction
29of the California Horse Racing Board.
30(2) Sales consisting solely of racing stock.
begin insert31(3) Parade horse competitions.
end insert32(3)
end delete
33begin insert(4)end insert Abegin insert
timedend insert rodeo-relatedbegin insert performanceend insert competitionbegin delete including when held
34both rough stock and timed performance competitionsend delete
35apart from a horse showbegin insert, including, but not limited to, rodeo,
36roping club, cattle team penning, barrel racing, and gymkhanaend insert.
37(4) Roping club events when held apart from a horse show.
end delete38(5) Cattle team pennings when held apart from a horse show.
end delete39(6) Barrel racing when held apart from a horse show.
end delete40(7) Parade horse competitions.
end delete
P7 1(8) Public horse shows and public horse competitions that do
2not last longer than one day and whose total cumulative fees to
3enter into any one or all classes do not exceed four dollars and
4ninety-nine cents ($4.99), unless otherwise prescribed by the
5secretary by regulation. “Grounds fees,” “stall fees,” or any other
6fee composed of money, goods, or services, which is assessed to
7permit competitors or consignors to enter into an event are
8considered a part of this total cumulative fee.
9(b)
end delete
10begin insert(e)end insert “Event manager” means the person in charge of an event,
11including the entity or individual financially responsible for the
12event that is responsible for registering the event with the
13department, and who is responsible for the assessment, collection,
14and remittance of fees. “Event manager” includes horse show
15secretaries and managers, competitive event managers, and horse
16sale managers and sale owners.
17(c)
end delete
18begin insert(f)end insert “Horse” meansbegin delete and includesend delete
all horses, mules, and asses.
19(d)
end delete
20begin insert(g)end insert “Licensed veterinarian” meansbegin delete anyend deletebegin insert aend insert person licensed as a
21veterinarian by the State of California.
22(e)
end delete
23begin insert(h)end insert “Prohibited substance”begin delete is anyend deletebegin insert
means aend insert stimulant, depressant,
24tranquilizer, anesthetic, including any local anesthetic, sedative
25analgesic, corticosteroid, anabolic steroid, or agent that would sore
26a horse,begin delete whichend deletebegin insert thatend insert
could affect the performance, soundness, or
27disposition of a horse, or any drugbegin insert,end insert regardless of how harmless or
28innocuous it might otherwise bebegin insert,end insert that could interfere with the
29detection of any prohibitedbegin delete substance. It also includesend deletebegin insert substance,
30includingend insert any metabolite or derivative of any prohibited substance.
31(f) “NSAIDs” are
end delete
32begin insert(i)end insertbegin insert end insertbegin insert“NSAID” means aend insert nonsteroidal anti-inflammatorybegin delete drugsend delete
33begin insert
drugend insert.
34(g)
end delete
35begin insert(j)end insert “Therapeutic administration” means the administration of a
36drug or medicine that is necessary for the treatment of an illness
37or injury diagnosed by a licensed veterinarian. The administration
38of a prescription drug or medicine shall only be as given or
39prescribed by the licensed veterinarian. The administration of a
P8 1nonprescription drug or medicine shall be in accordance with the
2directions on the manufacturer’s label.
3(h)
end delete
4begin insert(k)end insert “Exemptbegin delete medications” areend deletebegin insert medication” means anend insert oral or
5topicalbegin delete medicationsend deletebegin insert medicationend insert
containing prohibited substances
6determined by thebegin delete secretaryend deletebegin insert
department end insertto be exempt from this
7chapter when administered therapeutically.
8(i) “Public” horse shows, competitions, or sales are those events
end delete
9begin insert(l)end insertbegin insert end insertbegin insert“Public equine event” means a horse show or competition end insert
10thatbegin delete permitend deletebegin insert
permitsend insert a person to enterbegin delete or consignend delete a horse forbegin delete saleend delete
11begin insert show or competitionend insert in exchange for money, goods, or services.
12Any club or group that permits people tobegin delete join,end deletebegin insert join orend insert enter into
13begin delete competition, or consign a horse for saleend deletebegin insert competitionend insert in exchange
14for money, goods, or services, is “public” forbegin delete theend delete
purposes of this
15chapter.
16(m) “Public horse sale” is a sale that consigns a horse in
17exchange for money, goods, or services, excluding sales consisting
18solely of racing stock.
19(j)
end delete
20begin insert(n)end insert “Stimulant or depressant” meansbegin delete anyend deletebegin insert aend insert medication that
21stimulates or depresses the circulatory, respiratory, or
central or
22peripheral nervous system.
23(k)
end delete
24begin insert(o)end insert To “sore” means to apply an irritating or blistering agent
25internally or externally for the purpose of affecting the
26performance, soundness, or disposition of a horse.
27(l)
end delete
28begin insert(p)end insert “Trainer” meansbegin delete anyend deletebegin insert
aend insert person who has the responsibility
29for the care, training, custody, or performance of a horse, including,
30but not limited to,begin delete anyend deletebegin insert
aend insert person who signs any entry blank ofbegin delete anyend delete
31begin insert
aend insert publicbegin delete horse show, competition, orend deletebegin insert equine event or public horseend insert
32 sale, whether that person is an owner, rider, agent, coach, adult,
33or minor.
Section 24004 of the Food and Agricultural Code is
35amended to read:
A horse shall not be shown in any class at an event if
37it has been administered in any manner a prohibited substance in
38violation of this chapter.
Section 24005 of the Food and Agricultural Code is
40amended to read:
The trainer or owner, or both the trainer and owner, in
2the absence of substantial evidence to the contrary, is responsible
3for a horse’s condition and is charged with knowledge of the
4provisions contained in this chapter and the rules and regulations
5adopted pursuant to this chapter. If a trainer is prevented from
6performing his or her duties, including responsibility for the
7condition of a horse in his or her care, by illness or other cause,
8or is absent from any event where a horse under his or her care is
9entered and stabled, the trainer shall immediately notify the
10secretary or manager of the event, and at the same time a substitute
11shall be appointed by the trainer. The substitute shall place his or
12her
name on the entry blank at that time. The substitute shall have
13the same responsibilities as the substituted trainer would have had
14for the condition of any horse in his or her care.
Section 24006 of the Food and Agricultural Code is
16amended to read:
A trainer, owner, or both the trainer and owner, event
18manager, or any person who administers, attempts to administer,
19instructs, authorizes, aids, conspires with another to administer,
20or employs anyone who administers or attempts to administer a
21prohibited substance to a horse in violation of this chapter shall
22be subject to the penalties provided in this chapter that are
23applicable to the trainer or owner. The trainer and owner are both
24responsible for complying with this chapter after any course of
25medical therapy has been administered or prescribed by a licensed
26veterinarian employed by either the trainer or owner to examine
27and treat a horse. A licensed veterinarian who is employed by a
28trainer or owner to examine and
treat a horse is not subject to the
29penalties provided in this chapter solely on account of that
30examination and treatment or prescription.
Section 24008 of the Food and Agricultural Code is
32amended to read:
A horse at an event is subject to examination under the
34direction of a licensed veterinarian of the department or agent
35begin deletethereof. end deletebegin insertof the licensed veterinarian. end insertThe appointed licensed
36veterinarian, with the approval of the department, may appoint
37technicians and agents to perform certain duties under this chapter
38that are not prohibited by other provisions of law. The examination
39may include physical, urine, or blood tests, or any other test or
40procedure at the discretion of the licensed veterinarian, that is
P10 1necessary to effectuate the purposes of this
chapter. Any or all
2horses in or from a class or all classes in an event or any horse
3entered into or from any class or competition or sale, whether in
4competition or not, if the horse is on the show or sale grounds, or
5any horse withdrawn by any person or trainer within 24 hours
6before a class for which it has been entered as well as any horse
7withdrawn from any horse sale, may be examined.
Section 24009 of the Food and Agricultural Code is
9amended to read:
Whether a horse is in competition or not, refusal to
11submit a horse in an event for examination, or refusal to cooperate
12with the licensed veterinarian, or his or her technicians and agents,
13shall constitute a violation of, and subject the responsible person
14to, the same penalties that are applicable to prohibited substances
15or NSAIDs under Section 24007. A suitable sample shall be
16collected from a horse selected for testing by a drug testing agent
17of the department unless the agent releases the horse from testing.
Section 24011 of the Food and Agricultural Code is
19amended to read:
(a) A horse that has received a prohibited substance
21
shall not be eligible for show, competition, or sale, unless the
22following requirements have been met and the facts requested are
23submitted to the
department in writing:
24(1) Medication shall be therapeutic and necessary for treatment
25of an illness or injury.
26(2) A horse shall be withdrawn from a show or competition for
27a period of not less than 24 hours after a prohibited substance is
28administered, unless the department determines a different
29withdrawal period for a specific prohibited substance or class of
30substances. A horse shall be withdrawn from a public sale for a
31period of not less than 72 hours after a prohibited substance or
32NSAID is administered. The withdrawal period for anabolic
33steroids is 90 days after administration and the withdrawal period
34for fluphenazine or reserpine is 45 days after administration.
35(3) The medication shall be
administered by a licensed
36veterinarian, the trainer, or owner.
37(4) Medication shall be identified as to the amount, strength,
38and mode of administration.
39(5) The statement shall include the date and time of
40administration of the medication.
P11 1(6) The horse shall be identified by its name, age, sex, color,
2and entry number.
3(7) The statement shall contain the diagnosis of the attending
4veterinarian and reason for administering the medication.
5(8) The statement shall be signed by the person administering
6the medication.
7(9) The
statement shall be filed with the event manager of the
8public equine event or general manager of the public horse sale
9within one hour after administration or one hour after the event
10manager of the event returns to duty, if administration is at a time
11other than during show or sale hours.
12(10) The statement shall be signed by the event manager or his
13or her designated representative and time of receipt recorded on
14the statement by the event manager or his or her designated
15representative.
16(b) If the chemical analysis of the sample taken from a horse
17begin deletesoend delete treated indicates the presence of a prohibited substance and all
18the requirements of this section have been fully complied with,
19the information
contained in the medication report and any other
20relevant evidence shall be considered at any hearing provided
21under this chapter in determining whether any provision of this
22chapter has been violated.
Section 24011.5 of the Food and Agricultural Code
24 is amended to read:
(a) The therapeutic administration of NSAIDs is
26permitted before and during all events except public auctions,
27provided that the dosage or combined dosages do not exceed any
28limits established by regulation. However, at
public equine events,
29the maximum number of detectable NSAIDs by laboratory analysis
30shall be limited to two, except that phenylbutazone and flunixin
31are not permitted in the same plasma or urine sample. Additionally,
32the maximum detectable plasma levels for the following NSAIDs
33are:
34(1) 15.0 micrograms per milliliter of phenylbutazone.
35(2) 1.0 micrograms per milliliter of flunixin.
36(3) 0.250 micrograms per milliliter of ketoprofen.
37(4) 2.5 micrograms per milliliter of meclofenamic acid.
38(5) 40 micrograms per milliliter of naproxen.
39(6) 0.1 micrograms per milliliter of eltenac, upon approval of
40eltenac by the FDA.
P12 1(b) This section is repealed on July 1, 2014.
Section 24011.6 is added to the Food and Agricultural
3Code, to read:
(a) The therapeutic administration of NSAIDs is
5permitted before and during all events except public auctions,
6provided that the dosage does not exceed any limits established
7by the department by regulation.
8(b) On or before July 1, 2014, the department shall establish,
9by regulation, the approved therapeutic medications list and
10maximum detectable plasma levels.
Section 24012 of the Food and Agricultural Code is
12amended to read:
(a) (1) To provide funds for enforcement of this
14chapter, the event manager of every event shall charge and collect
15the applicable fee for each horse entered or exhibited in the event,
16and each horse consigned for public sale. The secretary may, by
17regulation, set the applicable fee, in consultation with the advisory
18committee appointed pursuant to Section 24013.5, at an amount
19necessary to carry out this chapter. An event manager shall be
20notified of the applicable fee at the time of registration of an event.
21The event manager of the registered event shall remit the fee
22established pursuant to this section, in addition to the completed
23assessment report for the registered event, as prescribed by the
24secretary, to the
department within 15 days after completion of
25the event. The event manager shall maintain event records for a
26period of two years after the completion of the event. Upon request
27by the department, the event records shall be made available to
28the department for inspection and photocopying to enable
29verification of appropriate fee collection and remittance.
30(2) Notwithstanding Section 24001, a show event held over
31multiple consecutive days, with a different judge on each day, that
32is registered and managed by the same event manager on the same
33premises, shall be considered one event for the purpose of the
34assessment of the fee.
35(b) An event manager who does not pay to the department the
36full amount that is due pursuant to this section shall pay a civil
37penalty of 10 percent of the
amount due plus interest at the rate of
3811⁄2 percent per month of the unpaid balance computed from the
39date of the event. The event manager is personally liable for fees
40and penalties owed the department pursuant to this section.
P13 1(c) Fees and penalties collected pursuant to this section shall be
2deposited in the Department of Food and Agriculture Fund. All
3funds received by the department from fees and penalties pursuant
4to this section shall be used exclusively to carry out the intent and
5purpose of this chapter, including, but not limited to,
6pharmacological studies, drug testing, and drug research, inspection
7for drugs, prosecution of alleged offenders, administrative costs,
8attorney’s and expert witness fees, and any other costs necessary
9to
carry out this chapter.
Section 24015 of the Food and Agricultural Code is
11amended to read:
(a) Every event shall be registered with the department,
13unless otherwise prescribed by the secretary by regulation. The
14event manager of an event shall file a completed registration form
15with the department, as prescribed by the secretary, at least 60
16days before the beginning of the event, which shall constitute the
17registration of the event.
18(b) An event manager who fails to register an event required to
19be registered pursuant to this chapter is subject to a civil penalty
20to be levied by the secretary in an amount not less than one hundred
21dollars ($100) or more than two thousand five hundred dollars
22($2,500). In determining the amount of the penalty, the secretary
23shall consider
any previous violations, and whether the event
24manager cooperated in good faith with the department.
25(c) In addition to the civil penalty specified in subdivision (b),
26the secretary may, after notice and an opportunity for a hearing,
27suspend the event manager from hosting or managing a public
28equine event for a period of not less than 90 days or more than one
29year for each violation. It is unlawful for an event manager
30suspended from hosting or managing a public
equine event by the
31secretary to conduct a public equine event during the period of
32suspension. An event manager suspended by the secretary from
33hosting or managing a public equine event, who hosts or manages
34a public equine event during the period of suspension, is subject
35to the civil penalty prescribed by subdivision (b) for each public
36equine event held during the period of suspension.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P14 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
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