Amended in Assembly August 17, 2015

Amended in Assembly July 14, 2015

Amended in Assembly July 8, 2015

Amended in Assembly June 25, 2015

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 of the Food and Agricultural Code, relating to livestock.

LEGISLATIVE COUNSEL’S DIGEST

SB 27, as amended, Hill. Livestock: use of antimicrobial drugs.

(1) 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, beginning January 1, 2018, prohibit the administration of medically important antimicrobial drugs, as defined, to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive pursuant to a veterinarian-client-patient relationship, as specified, and would prohibit the administration of a medically important antimicrobial drug to livestock solely begin delete to cause an increased rate of end delete begin insert for purposes of promoting end insert weight gain or begin delete improved end delete begin insert improving end insert feed efficiency. The bill would require the Department of Food and Agriculture, in consultation with the Veterinary Medical begin delete Board and end delete begin insert Board, end insert the State Department of Public Health, begin insert universities, and cooperative extensions, end insert to begin delete implement programs to promote antimicrobial stewardship in livestock, end delete begin insert develop guidelines and training materials on the proper use of medically important antimicrobial drugs end insert and, in coordination with specified national entities, would require the department begin delete to develop a monitoring program end delete to gather information on begin delete sales, end delete begin insert medically important antimicrobial drug sales and end insert usage, begin delete resistance, and management practice data for medically important antimicrobial drugs. end delete begin insert antimicrobial resistant bacteria, and livestock management practice data. end insert The bill would require information provided pursuant to those provisions to be held confidential, as specified. The bill would make a first violation of the bill’s provisions subject to a civil penalty of $250 for each day a violation occurs, and would make second and subsequent violations subject to an administrative fine of $500 for each day a violation begin delete occurs. end delete begin insert occurs, except as specified. end insert

(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 Antimicrobial Drugs

 

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” means all animals and poultry, including aquatic
and amphibian species, that are raised, kept, or used for profit.
Livestock does not include those species that are usually kept as
pets, such as dogs, cats, and pet birds.

begin insert

(c) “Veterinary feed directive” has the same definition as in
Section 558.3 of Title 21 of the Code of Federal Regulations.

end insert

14401.  

Beginning January 1, 2018, a medically important
antimicrobial drug shall not be administered to livestock unless
ordered by a licensed veterinarian through a prescription or
veterinary feed directive, 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.  

(a) Beginning January 1, 2018, 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 a disease or infection.

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

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

(4) For prophylaxis to prevent the contraction of a particular
disease or infection known or suspected to occur in a specific
situation if antimicrobial prophylaxis is considered by a licensed
veterinarian to be effective to prevent that infection or disease.

(b) A person shall not administer a medically important
antimicrobial drug to livestock solely 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.

14403.  

(a) Notwithstanding Sections 14401 and 14402 of this
code and begin delete Section 4051 end delete begin insert Article 15 (commencing with Section 4196)
of Chapter 9 of Division 2 end insert of the Business and Professions Code,
medically important antimicrobial drugs may be sold by retailers
licensed pursuant to Article 5 (commencing with Section 14321)
of Chapter 4 of Division 7 with begin delete proof of an order by end delete begin insert a prescription
or veterinary feed directive from end insert a begin insert licensed end insert veterinarian.

begin insert

(b) This section shall not be construed to invalidate the
requirement to obtain a prescription or veterinary feed directive
to administer a medically important antimicrobial drug as required
by Section 14401.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The department may promulgate regulations to implement
this section.

14404.  

(a) The department, in consultation with the Veterinary
Medical begin delete Board and end delete begin insert Board, end insert the State Department of Public Health,
begin delete may implement programs, including, but not limited to, best
management practices, to promote antimicrobial stewardship in
livestock to ensure that each animal gets the intended benefit from
the drug to help preserve the lifesaving potential of the drugs in
the future. The programs shall include antimicrobial stewardship
guidelines on the proper use of medically important antimicrobial
drugs for disease treatment, control, and prevention, end delete begin insert universities,
and cooperative extensions, shall develop antimicrobial
stewardship guidelines and appropriate training materials for
veterinarians, as well as livestock owners and their employees
who are involved with administering medically important
antimicrobial drugs, on the proper use of medically important
antimicrobial drugs for disease treatment, control, and prevention.
The guidelines shall include scientifically validated practical
alternatives to the use of medically important antimicrobial drugs, end insert
including, but not limited to, the introduction of effective vaccines
and good hygiene and management practices.

(b) The department shall consult with livestock producers, begin delete food
animal end delete begin insert licensed end insert veterinarians, and any other relevant stakeholders
on ensuring livestock timely access to treatment for producers in
rural areas with limited access to veterinary care.

(c) For purposes of this section, “antimicrobial stewardship” is
a commitment to do all of the following:

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

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

(3) To use medically important antimicrobial drugs for the
shortest duration necessary and begin delete administered end delete begin insert to administer them end insert
to the fewest animals necessary.

begin delete

(d) The department, in consultation with the Veterinary Medical
Board, shall sponsor projects or collaborate with universities,
cooperative extension, and veterinary, livestock, and poultry trade
associations to do the following:

end delete begin delete

(1) Promote and develop appropriate training materials for
veterinarians, as well as livestock owners and their employees, to
promulgate good stewardship practices.

end delete begin delete

(2) Disseminate scientifically validated practical alternatives
that may reduce the reliance on medically important antimicrobial
drugs while maintaining and promoting animal health.

end delete

14405.  

(a)  begin delete In end delete begin insert It is the intent of the Legislature that the
department end insert begin insert coordinate with the United States Department of
Agriculture and the federal Food and Drug Administration to
implement the expanded antimicrobial resistance surveillance
efforts included in the National Action Plan for Combating
Antibiotic-Resistant Bacteria, and that the information gathered
through this effort will help lead to a better understanding of the
links between antimicrobial use patterns in livestock and the
development of antimicrobial resistant bacterial infections. end insert

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert In end insert coordination with the National Animal Health
Monitoring System and the National Antimicrobial Resistance
Monitoring System, the department shall begin delete develop a monitoring
program that gathers end delete begin insert gather end insert information on begin delete sales, usage, resistance,
and end delete begin insert medically important antimicrobial end insert begin insert drug sales and usage, as
well as antimicrobial resistant bacteria and livestock end insert management
practice data. begin delete The monitoring system end delete begin insert Monitoring efforts end insert shall be
compatible with, and not duplicative of, the national monitoring
system.

begin insert

(2) In coordinating with the National Animal Health Monitoring
System and the National Antimicrobial Resistant Monitoring
System, the department shall gather representative samples from
all of the following:

end insert begin insert

(A) California’s major livestock segments.

end insert begin insert

(B) Regions with considerable livestock production.

end insert begin insert

(C) Representative segments of the food production chain.

end insert begin insert

(c) The department shall work with willing participants to gather
samples and shall consult with, and conduct outreach to, livestock
producers, licensed veterinarians, and any other relevant
stakeholders on the implementation of the monitoring efforts.

end insert begin delete

(b)

end delete

begin insert (d) end insert  In order to carry out this section, the department may request
copies of veterinary feed directives and prescriptions from the
livestock owner, veterinarian, or distributor. Participation in this
effort shall be done in a manner that does not breach
veterinary-patient confidentiality laws.

begin insert

(e) (1) The department shall report to the Legislature by
January 1, 2019, the results of its outreach activities and
monitoring efforts. The department shall advise the Legislature
as to whether or not participation is sufficient to provide
statistically relevant data. The report shall be submitted in
compliance with Section 9795 of the Government Code.

end insert begin insert

(2) This subdivision is inoperative on January 1, 2023, pursuant
to Section 10231.5 of the Government Code.

end insert begin delete

(c)

end delete

begin insert (f) end insert  The department shall seek funds from federal, state, begin delete private, end delete
and other sources to implement this section.

begin insert

(g) The department may promulgate regulations to implement
this section.

end insert

begin delete

14406.  

(a) The department shall consider how best to gather
representative samples from all of the following:

(1) California’s major livestock segments.

(2) Regions with considerable livestock production.

(3) Representative segments of the food production chain.

(b) The department shall work with willing participants to gather
samples and may consult with livestock producers, food animal
veterinarians, and any other relevant stakeholders on the
implementation of the monitoring system.

end delete

begin delete 14407. end delete
begin insert 14406. end insert   

Notwithstanding the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code), any information provided
pursuant to this chapter shall be held confidential, and shall not
be disclosed to any person or governmental agency, other than the
department or the Veterinary Medical Board, for the purposes of
enforcing the Veterinary Medicine Practice Act (Chapter 11
(commencing with Section 4800) of Division 2 of the Business
and Professions Code), unless the data is aggregated to prevent
the identification of an individual farm or business. Information
may be shared with federal agencies so long as it is protected by
the federal Confidential Information Protection and Statistical
Efficiency Act of 2002 (Public Law 107-347).

begin delete 14408. end delete
begin insert 14407. end insert   

(a) A person who violates this chapter shall be liable
for a civil penalty of not more than two hundred and fifty dollars
($250) for each day a violation occurs.

(b) (1) For a second or subsequent violation, a person who
violates this chapter shall be punishable by an administrative fine,
levied by the secretary, in the amount of five hundred dollars
($500) for each day a violation occurs.

(2) In addition to the administrative fine, the violator shall attend
an educational program on the judicious use of medically important
antimicrobial drugs that has been approved by the secretary. The
violator shall successfully complete the program and provide proof
to the secretary within 90 days from the occurrence of the violation.

(c)  begin delete In addition to the penalties set forth in this section, if end delete
begin insert Subdivisions (a) and (b) do not apply to licensed veterinarians. If end insert
the Veterinary Medical Board determines that a veterinarian begin delete has
engaged in unprofessional conduct end delete begin insert is end insert in violation of the Veterinary
Medicine Practice Act (Chapter 11 (commencing with Section
4800) of Division 2 of the Business and Professions Code), the
veterinarian may be subject to disciplinary sanctions pursuant to
the act.

(d) The begin delete fees end delete begin insert moneys end insert collected pursuant to this article shall be
deposited into the Department of Food and Agriculture Fund and
shall be available for expenditure upon appropriation by the
Legislature.

SEC. 2.  

The Legislature finds and declares that Section 1 of
this act, which adds Section begin delete 14407 end delete begin insert 14406 end insert to the Food and
Agricultural Code, imposes a limitation on the public’s right of
access to the meetings of public bodies or the writings of public
officials and agencies within the meaning of Section 3 of Article
I of the California Constitution. Pursuant to that constitutional
provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need
for protecting that interest:

In order to ensure the confidentiality of the information collected
pursuant to this act and the integrity of that information for
regulatory and enforcement purposes, it is necessary that this act
take effect.

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CORRECTIONS:

Amended House--Page 1.

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