BILL NUMBER: SB 27 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hill
DECEMBER 1, 2014
An act to add Chapter 4.5 (commencing with Section 14400) to
Division 7 of, and to add and repeal Section 14404 of, the Food and
Agricultural Code, relating to livestock.
LEGISLATIVE COUNSEL'S DIGEST
SB 27, as introduced, Hill. Livestock: use of antibiotics.
Existing law regulates the distribution and use of livestock
drugs, as defined, by the Secretary of Food and Agriculture. Existing
law also requires a person to obtain a license from the secretary to
manufacture, sell, distribute, or store commercial feed, including
commercial feed containing drugs.
This bill would prohibit the administration of medically important
antimicrobial drugs, as defined, to livestock unless prescribed by a
veterinarian pursuant to a veterinarian-client-patient relationship,
as specified. The bill would make it unlawful to administer a
medically important antimicrobial drug to livestock solely to cause
an increased rate of weight gain or improved feed efficiency. The
bill would also require the Department of Food and Agriculture to
develop a program to track the use of medically important
antimicrobial drugs in livestock and to track antibiotic-resistant
bacteria and patterns of emerging resistance, and would also require
the department, until March 1, 2020, to submit an annual report
summarizing that data to the Legislature. The bill would also require
the department to adopt regulations to promote the judicious use of
medically important antimicrobial drugs in livestock, as specified.
Because a violation of the bill's provisions would be misdemeanor,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section 14400) is added to
Division 7 of the Food and Agricultural Code, to read:
CHAPTER 4.5. LIVESTOCK: USE OF ANTIBIOTICS
14400. For purposes of this chapter, the following definitions
apply:
(a) "Medically important antimicrobial drug" means an
antimicrobial drug listed in Appendix A of the federal Food and Drug
Administration's Guidance for Industry #152, including critically
important, highly important, and important antimicrobial drugs, as
that appendix may be amended.
(b) "Livestock" has the same meaning as in Section 14205.
14401. A medically important antimicrobial drug shall not be
administered to livestock unless prescribed by a veterinarian
pursuant to a veterinarian-client-patient relationship that meets the
requirements of Section 2032.1 of Title 16 of the California Code of
Regulations.
14402. It is unlawful to administer a medically important
antimicrobial drug to livestock solely to cause an increased rate of
weight gain or improved feed efficiency.
14403. The department shall develop a program to track the use of
medically important antimicrobial drugs in livestock and to track
antibiotic-resistant bacteria and patterns of emerging resistance.
The program shall include reporting on the administration of each
medically important antimicrobial drug that includes all of the
following:
(a) The type of drug used.
(b) The number of livestock on which the drug was used.
(c) The species of the livestock.
(d) The duration of the administration of the drug.
(e) The purpose for which the drug was administered.
(f) The type of disease or infection that was treated.
14404. (a) On or before March 1 of each year, the department
shall submit a report to the Legislature that summarizes the data
collected pursuant to Section 14403 for the prior year.
(b) (1) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on March 1, 2020.
14405. (a) The department shall adopt regulations to promote the
judicious use of medically important antimicrobial drugs in livestock
to ensure that each animal gets the maximum benefit from the drug
and help preserve the life-saving potential of the drugs in the
future. The regulations shall include antibiotic stewardship
guidelines that include rules on the proper use of medically
important antimicrobial drugs for disease prevention.
(b) For purposes of this section, "antibiotic stewardship" is a
commitment to do both of the following:
(1) To use medically important antimicrobial drugs only when
necessary to treat, and, in some cases, prevent, disease.
(2) To choose the appropriate medically important antimicrobial
drug, and to administer the drug correctly each time.
14406. A violation of the provisions of this chapter is a
misdemeanor punishable by imprisonment in county jail not exceeding
six months, a fine not exceeding one thousand dollars ($1,000), or by
both the fine and imprisonment.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.