BILL ANALYSIS �
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 :
AB 1388
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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