BILL ANALYSIS Ó
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: AB 1388 HEARING: 06/18/13
AUTHOR: Assembly Agriculture CommitteeFISCAL: Yes
VERSION: 04/24/13 CONSULTANT: Anne Megaro
Horses: test verification, horse shows, competitions, and sales.
SUMMARY :
This bill would amend the Equine Infectious Anemia test
requirement to verification of a negative test within the
preceding 12 months, makes changes to the Equine Medication
Monitoring Program by redefining horse events and horse sales
subject to this chapter, and transfers the approved medication
list and maximum acceptable drug levels in horses from statute
to departmental regulation.
BACKGROUND AND EXISTING LAW :
Infectious Disease: In order to prevent the spread of
infectious diseases, the state of California requires
verification that animals brought into the state are free from
evidence of any communicable disease. Currently, persons
transporting horses and other equine animals into California are
required to verify, through tests performed by an accredited
veterinarian within the previous 6 months, that the animal is
free of Equine Infectious Anemia (EIA). Animals brought into
the state must also be accompanied by a Certificate of
Veterinary Inspection issued within 30 days of entry.
According to the Animal and Plant Health Inspection Service
(APHIS) within the United States Department of Agriculture
(USDA), EIA is an infectious and potentially fatal bloodborne
viral disease transmitted between horses primarily by biting
insects, such as horseflies, deerflies, and mosquitos. There is
no vaccine or treatment for the disease.
Equine Medication Monitoring Program (EMMP): The California
equine industry sponsored legislation in 1971 to prevent the
misuse of drugs and medications in horses and other equine
animals in public shows or sales. This law led to the creation
of the EMMP and its Advisory Committee under the California
Department of Food and Agriculture (CDFA). (Food and
Agriculture Code § 24000-18). EMMP monitors horses in public
shows and sales through random chemical testing. This program
is funded by collection of a $5 fee for each horse entered into
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a show, competition, or when consigned to a sale.
Equine Drug Use: Existing law provides for acceptable
therapeutic use of nonsteroidal anti-inflammatory drugs (NSAIDs)
at levels that do not exceed defined maximum detectable plasma
levels in horses before and during specified horse events,
shows, and in horses for sale. NSAIDs are commonly used for
pain control and inflammation reduction but may also be used to
inappropriately affect the performance, soundness, or
disposition of a horse. Existing law, through the EMMP, is
designed to protect the public from purchasing a horse whose
condition has been masked by medication, yet allows for
therapeutic use of NSAIDs to improve the health and welfare of a
horse.
PROPOSED LAW :
This bill:
Requires verification that any horse or equine animal
brought into California has tested negative by an
accredited veterinarian for equine infectious anemia within
the previous 12 months.
Redefines "events" from public horse shows, horse
competitions and horse sales to public equine events or
public horse sales.
Clarifies and rewords what events are subject to
provisions in this chapter, and thus the EMMP.
Clarifies that both the horse trainer and owner are
responsible for complying with this chapter after any
course of medical therapy has been administered or
prescribed by a licensed veterinarian.
Removes saliva from the list of acceptable examinations
to determine compliance with this chapter.
Removes the requirement that owners provide the
department a statement of NSAID use.
Defines acceptable maximum detectable plasma levels for
specified NSAIDs. These provisions expire July 1, 2014, by
when CDFA shall have set by regulation the approved
therapeutic medications list and maximum detectable plasma
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levels.
Requires every event to be registered with CDFA at least
60 days prior to the event.
Makes numerous technical and clarifying amendments.
COMMENTS :
Need for this bill: According to supporters, the decreased
prevalence of EIA has reduced the risk of EIA entering
California to such a degree that the six-month testing
requirement is no longer necessary. Additionally, EMMP and
equine drug regulations require greater flexibility to quickly
respond to new drug and testing developments and should be
transferred from statute to departmental regulation.
Equine Infectious Anemia in the U.S.: According to USDA, in
2001, there were 534 positive cases of EIA nationwide, mostly
centered in the southern states of Texas, Oklahoma, Arkansas,
Louisiana, and Missouri. At that time, there were two positive
cases in California. EIA presence has markedly decreased over
the last decade such that in 2011 there were 82 positive cases
nationwide. Furthermore, more than half of the positive cases
were located at a single site in Arkansas. In California, a
total of 23,322 tests were performed and only one horse tested
positive for EIA.
Program Flexibility: Supporters of this bill state that
existing statutes for the EMMP are outdated and provide no
flexibility for CDFA to amend the list of permissible drugs and
maximum detectable levels of drugs in horses. Requiring
statutory changes to address equine pharmaceutical drug
developments and diagnostic advancements subjects the program to
the legislative calendar; whereas, regulatory authority would
provide greater flexibility in addressing these issues.
EMMP Advisory Committee: The EMMP Advisory Committee is
composed of members of each equine industry organization. The
committee meets at least once each year to review the program
and advise the secretary of CDFA on issues relating to the
equine industry (Food and Agriculture Code § 24013.5).
During the committee's January 5, 2012 meeting, a need for
program flexibility in permissible drug listings was
acknowledged. The committee approved the motion to accept
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revised medication rules. Additionally, the committee agreed
there was a need to modify current law to clarify the definition
of horse events, shows, competitions, and horse sales. The
motion to accept a revised definition of "event" was also
approved at the January 5, 2012 meeting.
RELATED LEGISLATION :
AB 1810 (Galgiani) Chapter 87, Statutes of 2008. Revises the
Equine Medication Monitoring Program Advisory Committee
requirements and specifies a horse event manager.
AB 3025 (Committee on Agriculture) Chapter 460, Statutes of
2004. Amends the medication use rules for horses in a public
event or sale to include withdrawal periods for fluphenazine or
reserpine.
AB 2155 (Committee on Agriculture) Chapter 434, Statutes of
2002. Conforms horse event medication rules to the standards
established by the Food and Drug Administration and prohibits
the use of medications for horses going to auctions, as
specified.
PRIOR ACTIONS :
Assembly Floor 74-0
Assembly Appropriations 17-0
Assembly Agriculture 7-0
SUPPORT :
California Horse Council (Sponsor)
American Quarter Horse Association
California Cattlemen's Association
California Veterinary Medical Association
Los Angeles County Fair Association, Fairplex
Professional Rodeo Cowboys Association
OPPOSITION :
None received
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