BILL NUMBER: SB 27 AMENDED
BILL TEXT
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
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 bees or 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
Agriculture and Agriculture, the federal Food
and Drug Administration Administration, and
the federal Centers for Disease Control and Prevention 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.