BILL NUMBER: SB 27 AMENDED
BILL TEXT
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
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 to cause an increased rate of
for purposes of promoting weight gain or
improved improving feed efficiency. The
bill would require the Department of Food and Agriculture, in
consultation with the Veterinary Medical Board and
Board, the State Department of Public Health,
universities, and cooperative extensions, to implement
programs to promote antimicrobial stewardship in livestock,
develop guidelines and training materials on the
proper use of medically important antimicrobial drugs and, in
coordination with specified national entities, would require the
department to develop a monitoring program to
gather information on sales, medically
important antimicrobial drug sales and usage,
resistance, and management practice data for medically important
antimicrobial drugs. antimicrobial resistant bacteria,
and livestock management practice data. 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
occurs. occurs, except as specified.
(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.
(c) "Veterinary feed directive" has the same definition as in
Section 558.3 of Title 21 of the Code of Federal Regulations.
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 Section 4051 Article 15 (commencing with
Section 4196) of Chapter 9 of Division 2 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 proof of an order by
a prescription or veterinary feed directive from
a licensed veterinarian.
(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.
(b)
(c) The department may promulgate regulations to
implement this section.
14404. (a) The department, in consultation with the Veterinary
Medical Board and Board, the State
Department of Public Health, 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, 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 f or
disease treatment, control, and prevention. The guidelines shall
include scientifically validated practical alternatives to the use of
medically important antimicrobial drugs, including, but not
limited to, the introduction of effective vaccines and good hygiene
and management practices.
(b) The department shall consult with livestock producers,
food animal licensed 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 administered
to administer them to the fewest animals necessary.
(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:
(1) Promote and develop appropriate training materials for
veterinarians, as well as livestock owners and their employees, to
promulgate good stewardship practices.
(2) Disseminate scientifically validated practical alternatives
that may reduce the reliance on medically important antimicrobial
drugs while maintaining and promoting animal health.
14405. (a) In It is the intent of the
Legislature that the department 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.
(b) (1) In
coordination with the National Animal Health Monitoring System and
the National Antimicrobial Resistance Monitoring System, the
department shall develop a monitoring program that gathers
gather information on sales, usage,
resistance, and medically important antimicrobial
drug sales and usage, as well as antimicrobial resistant
bacteria and livestock management practice data. The
monitoring system Monitoring efforts shall be
compatible with, and not duplicative of, the national monitoring
system.
(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:
(A) California's major livestock segments.
(B) Regions with considerable livestock production.
(C) Representative segments of the food production chain.
(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.
(b)
(d) 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.
(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.
(2) This subdivision is inoperative on January 1, 2023, pursuant
to Section 10231.5 of the Government Code.
(c)
(f) The department shall seek funds from federal,
state, private, and other sources to implement
this section.
(g) The department may promulgate regulations to implement this
section.
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.
14407. 14406. 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).
14408. 14407. (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) In addition to the penalties set forth in this
section, if Subdivisions (a) and (b) do not apply to
licensed veterinarians. If the Veterinary Medical Board
determines that a veterinarian has engaged in unprofessional
conduct is 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 fees moneys 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 14407 14406 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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