Amended in Senate June 1, 2015

Senate Bill No. 27

Introduced by Senator Hill

December 1, 2014

An act to add Chapter 4.5 (commencing with Section 14400) to Division 7 begin delete of, and to add and repeal Section 14404 of, end delete begin insert of end insert the Food and Agricultural Code, relating to livestock.

LEGISLATIVE COUNSEL’S DIGEST

SB 27, as amended, Hill. Livestock: use of begin delete antibiotics. end delete begin insert antimicrobial drugs. end insert

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 begin insert , beginning January 1, 2017, end insert prohibit the administration of medically important antimicrobial drugs, as defined, to livestock unless begin delete prescribed end delete begin insert ordered end insert by a veterinarian begin insert through a prescription or veterinary feed directive end insert pursuant to a veterinarian-client-patient relationship, as begin delete specified. The bill would make it unlawful to administer a end delete begin insert specified, and would prohibit the administration of a end insert medically important antimicrobial drug to livestock solely to cause an increased rate of weight gain or improved feed efficiency. The begin delete bill end delete begin insert bill, subject to the availability of funding for this purpose, end insert would begin delete also end delete require the Department of Food and Agriculture to develop a program begin insert or participate in an initiative end insert to track the use of medically important antimicrobial drugs in livestock and to track begin delete antibiotic-resistant end delete begin insert antimicrobial-resistant end insert bacteria and patterns of emerging begin delete resistance, and would also require the department, until March 1, 2020, to submit an annual report summarizing that data to the Legislature. end delete begin insert resistance. end insert 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 begin delete antibiotics end delete begin insert Antimicrobial
Drugs end insert

 

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.  

begin delete A end delete begin insert Beginning January 1, 2017, a end insert begin insert end insert medically important
antimicrobial drug shall not be administered to livestock unless
begin delete prescribed end delete begin insert ordered end insert by a veterinarian begin insert through a prescription or
veterinary feed directive, end insert pursuant to a veterinarian-client-patient
relationship that meets the requirements of Section 2032.1 of Title
16 of the California Code of Regulations.

begin delete

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.

end delete begin insert

begin insert 14402. end insert   

(a) Beginning January 1, 2017, a medically important
antimicrobial drug may be used when, in the professional judgment
of a licensed veterinarian, the medically important antimicrobial
drug is necessary for any of the following:

(1) To treat or control the spread of a disease or infection.

(2) In relation to surgery or a medical procedure.

(3) To prevent the transmission of a particular disease or
infection known to occur in a specific situation.

(b) A person shall not administer a medically important
antimicrobial drug to livestock for purposes of promoting weight
gain or improving feed efficiency.

(c) Unless the administration is consistent with subdivision (a),
a person shall not administer a medically important antimicrobial
drug in a repeated or regular pattern.

end insert

14403.  

begin delete The end delete begin insert If funds are made available for this purpose, the end insert begin insert end insert
department shall develop a program begin insert or participate in an initiative end insert
to track the use of medically important antimicrobial drugs in
livestock and to track begin delete antibiotic-resistant end delete begin insert antimicrobial-resistant end insert
bacteria and patterns of emerging resistance. begin delete The program shall
include reporting on the administration of each medically important
antimicrobial drug that includes all of the following: end delete

begin delete

(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.

end delete

begin delete

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.

end delete

begin delete 14405. end delete
begin insert 14404. end insert   

(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 lifesaving potential of the
drugs in the future. The regulations shall include begin delete antibiotic end delete
begin insert antimicrobial end insert stewardship guidelines that include rules on the
proper use of medically important antimicrobial drugs for disease
prevention.

(b) For purposes of this section, begin delete “antibiotic end delete begin insert “antimicrobial end insert
stewardship” is a commitment to do begin delete both end delete begin insert all end insert of the following:

(1) To use medically important antimicrobial drugs only when
necessary to treat, begin insert control, end insert and, in some cases, prevent, disease.

(2) To choose the appropriate medically important antimicrobial
drug, and to administer the drug correctly each time.

begin insert

(3) To use medically important antimicrobial drugs for the
shortest duration necessary and administered to the fewest animals
necessary.

end insert

begin delete

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.

end delete

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.