BILL ANALYSIS Ó AB 1388 Page 1 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. AB 1388 Page 2 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 AB 1388 Page 3 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 Page 4 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