BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1388|
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CONSENT
Bill No: AB 1388
Author: Committee on Agriculture
Amended: 4/24/13 in Assembly
Vote: 21
SENATE AGRICULTURE COMMITTEE : 3-0, 6/18/13
AYES: Galgiani, Lieu, Wolk
NO VOTE RECORDED: Cannella, Berryhill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/23/13 (Consent) - See last page for
vote
SUBJECT : Horses: test verification, horse shows,
competitions, and sales
SOURCE : California Horse Council
DIGEST : This bill amends the Equine Infectious Anemia (EIA)
test requirement to verification of a negative test within the
preceding 12 months, makes changes to the Equine Medication
Monitoring Program (EMMP) 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.
ANALYSIS :
Existing law
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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 Department of Food and Agriculture (DFA) 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 DFA to appoint an
advisory committee to advise the Secretary on matters related
to EMMP.
5. Authorizes the therapeutic administration of non-steroidal
anti-inflammatory drugs (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.
This bill:
1. Requires verification that any horse or equine animal brought
into California has tested negative by an accredited
veterinarian for EIA within the previous 12 months.
2. Redefines "events" from public horse shows, horse
competitions and horse sales to public equine events or
public horse sales.
3. Clarifies and rewords what events are subject to provisions
in this chapter, and thus the EMMP.
4. 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.
5. Removes saliva from the list of acceptable examinations to
determine compliance with this chapter.
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6. Removes the requirement that owners provide DFA a statement
of NSAID use.
7. Defines acceptable maximum detectable plasma levels for
specified NSAIDs. These provisions expire July 1, 2014, by
when DFA shall have set by regulation the approved
therapeutic medications list and maximum detectable plasma
levels.
8. Requires every event to be registered with DFA at least 60
days prior to the event.
9. Makes numerous technical and clarifying amendments.
Comments
EIA 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 DFA 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
(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 DFA on issues
relating to the equine industry.
During the Committee's January 5, 2012, meeting, a need for
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program flexibility in permissible drug listings was
acknowledged. The Committee approved the motion to accept
revised medication rules. Additionally, the Committee agreed
there was a need to modify existing 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.
Prior/Related Legislation
AB 1810 (Galgiani, Chapter 87, Statutes of 2008) revises the
EMMP Advisory Committee requirements and specifies a horse event
manager.
AB 3025 (Assembly Agriculture Committee, 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 (Assembly Agriculture Committee, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/2/13)
California Horse Council (source)
American Quarter Horse Association
California Cattlemen's Association
California Thoroughbred Breeders Association
California Veterinary Medical Association
Los Angeles County Fair Association, Fairplex
Pacific Coast Quarter Horse Racing Association
Professional Rodeo Cowboys Association
ARGUMENTS IN SUPPORT : 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
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respond to new drug and testing developments and should be
transferred from statute to departmental regulation.
ASSEMBLY FLOOR : 74-0, 5/23/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hern�ndez, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. P�rez
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
JL:d 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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