BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1388
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          Date of Hearing:   May 1, 2013

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                           Susan Talamantes Eggman, Chair
             AB 1388 (Committee on Agriculture) - As Amended:  April 24,  
                                        2013
           
          SUBJECT  :  Horses: test verification, horse shows, competitions,  
          and sales.

           SUMMARY  :  Changes from six months to 12 months the required  
          verification time that a horse or other Equidae (horses) brought  
          into the state has been tested and found negative for equine  
          infectious anemia (EIA).  Makes changes to the Equine Medication  
          Monitoring Program (EMMP), as specified.  Specifically,  this  
          bill  :  

          1)Changes from six months to twelve months the time in which a  
            horse brought into the state must have been tested and found  
            negative for EIA.

          2)Renames public horse shows, horse competitions and horse sales  
            as public equine events and public horse sales.

          3)Clarifies and rewords what equine events and sales are  
            included in EMMP.

          4)Clarifies and rewords what equine events and sales are  
            excluded from EMMP.

          5)Specifies 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.

          6)Removes the saliva test from the list of tests allowed to be  
            used to test for prohibited substances. 

          7)Remove the declaration statement requirement for owners  
            administering a non-steriodal anti-inflammatory (NSAID).

          8)Repeals, as of July 1, 2014, statutes related to NSAID's  
            permissible drug list and permissible drug plasma detectable  
            limits. 









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          9)Requires CDFA to establish regulations related to NSAID's  
            permissible drug list and permissible drug plasma detectable  
            limits, by July 1, 2014.

          10)Makes numerous technical and conforming changes.  

           EXISTING LAW:  

          1)Requires any horse brought into the state to have a  
            certificate of health and verification that the horse has been  
            tested within the preceding six months and found negative by a  
            test for EIA, as specified.

          2)Authorizes CDFA to monitor the medication of horses at public  
            events, as specified.
          3)Defines an "Event" as any public of horse show, competition,  
            or sale, as specified, and provides exemptions, as specified.

          4)Requires the Secretary (Secretary) of CDFA to appoint an  
            advisory committee to advise the Secretary on matters related  
            to EMMP.

          5)Authorizes the therapeutic administration of NSAIDs, prior to  
            and during all events except public auctions, provided that  
            the dosage does not exceed limits established by regulation  
            and  established maximum detectable plasma levels for certain  
            NSAIDs for those purposes.

           FISCAL EFFECT  :  Unknown.  This bill is keyed fiscal by  
          Legislative Counsel. 

           COMMENTS  :  EIA, also known as swamp fever, is a horse disease  
          caused by a retrovirus and transmitted by bloodsucking insects.   
          The virus is endemic in the Americas, parts of Europe, the  
          Middle and Far East, Russia, and South Africa.  EIA can be  
          transmitted to other equines through blood, saliva, milk, and  
          body secretions.  Transmission is primarily through biting  
          flies. 

          With the decreased prevalence of EIA over the last five years  
          nationally, the risk of introduction of EIA into California  
          through interstate movement of horses has diminished to the  
          point that the six month testing requirement is no longer  
          necessary.  43 states require a negative EIA test within 12  
          months of entry, while seven states currently require a negative  








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          EIA test within six months of entry.  This bill will align  
          certification of health with current risk levels of EIA.

          The California equine industry sponsored legislation in 1971 to  
          prevent misuse of drugs and medications in equines, such as  
          horses, mules and donkeys, in public shows and sales. The  
          program has evolved over the years into today's EMMP implemented  
          by CDFA.  EMMP monitors horses in public shows, competitions and  
          sales though random sample collection for chemical analysis.   
          The intent of EMMP is to ensure the integrity of public horse  
          shows, competitions and sales through the control of performance  
          and disposition enhancing drugs, and permitting limited  
          therapeutic use of drugs at horse shows and competitions.  To  
          fund EMMP, equine event managers collect a fee of $5.00 for each  
          horse being entered in a show/competition or being consigned to  
          a sale.

          According to supporters, existing laws for EMMP are outdated,  
          and lack flexibility for CDFA to amend the list of permissible  
          drugs in statute, as needed.  CDFA must rely upon the annual  
          legislative cycle to amend the list of permissible drugs, and to  
          amend the maximum detectable plasma levels as specified in  
          existing statute.   By removing permissible levels of NSAIDs  
          from statute and giving CDFA the regulatory authority to set  
          NSAID levels, this bill will give CDFA greater flexibility in  
          addressing this issue.  Additionally, current statute permits  
          the use of more than one NSAID, which is commonly referred to as  
          stacking of drugs.  This bill will permit use of only one NSAID,  
          and thereby eliminate stacking of drugs. 

          The EMMP Advisory Committee meets twice each year to review  
          program staffing and resources, and discusses various issues  
          relating to the equine industry.  At the January 5, 2012  
          meeting, the committee members reviewed program and  
          data/research presented on new pharmaceutical therapeutic agents  
          being used by the equine industry.  The committee recognized the  
          need for flexibility in permissible drug listings to address the  
          equine pharmaceutical drug developments.  Additionally, after  
          reviewing and discussing the current program, the committee  
          agreed there was a need to modify current law to reflect the  
          current horse event industry, as they pertain to event  
          definition and registration processes.  This bill will address  
          these goals.

           REGISTERED SUPPORT / OPPOSITION  :   








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           Support 
           
          American Quarter Horse Association
          California Cattlemen's Association
          California Horse Council
          California Thoroughbred Breeders Association
          California Veterinary Medical Association
          Los Angeles County Fair Association, Fairplex
          Pacific Coast Quarter Horse Racing Association
          Professional Rodeo Cowboys Association

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Victor Francovich / AGRI. / (916)  
          319-2084