Amended in Assembly August 31, 2015

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 for purposes of promoting weight gain or improving feed efficiency. The bill would require the Department of Food and Agriculture, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, to 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 gather information on medically important antimicrobial drug sales and usage, 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, 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 begin insert bees or end insert 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 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 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.

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

14404.  

(a) The department, in consultation with the Veterinary
Medical Board, the State Department of Public Health, 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, including, but not limited
to, the introduction of effective vaccines and good hygiene and
management practices.

(b) The department shall consult with livestock producers,
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 to administer them to the fewest
animals necessary.

14405.  

(a) It is the intent of the Legislature that the department
coordinate with the United States Department of begin delete Agriculture and end delete
begin insert Agriculture, end insert the federal Food and Drug begin delete Administration end delete
begin insert Administration, and the federal Centers for Disease Control and
Prevention end insert 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 gather information on
medically important antimicrobial drug sales and usage, as well
as antimicrobial resistant bacteria and livestock management
practice data. 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.

(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.

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

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

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).

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) Subdivisions (a) and (b) do not apply to licensed
veterinarians. If the Veterinary Medical Board determines that a
veterinarian 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 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 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.