BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         SB 27|
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                                   THIRD READING 

          Bill No:  SB 27
          Author:   Hill (D)
          Amdended: 6/1/15  
          Vote:     21  

           SENATE AGRICULTURE COMMITTEE:  3-0, 4/21/15
           AYES:  Galgiani, Pan, Wolk
           NO VOTE RECORDED:  Cannella, Berryhill

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Livestock: use of antimicrobials drugs

          SOURCE:    Author
          
          DIGEST:  This bill restricts the use of medically important  
          antimicrobial drugs in livestock for specified purposes,  
          requires a veterinarian's prescription or feed directive for  
          use, and eliminates the over-the-counter availability of these  
          drugs; requires the California Department of Food and  
          Agriculture (CDFA) to develop a program to track antimicrobial  
          drug use in livestock and the emergence of  
          antimicrobial-resistant bacteria should funds be made available;  
          and requires CDFA to adopt judicious use regulations and  
          antimicrobial stewardship guidelines.  
          
          ANALYSIS: 

          Existing federal law: 

          1)Requires the Food and Drug Administration (FDA) to protect  
            public health by assuring the safety, effectiveness, quality,  
            and security of human and veterinary drugs.  Within FDA, the  








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            Center for Veterinary Medicine regulates the manufacture and  
            distribution of drugs that will be administered to animals and  
            regulates medicated feed.

          2)Establishes the Animal Drug Availability Act in 1996 to create  
            a new regulatory category for certain animal drugs used in  
            animal feed.  Previously, drugs were only available through  
            two means: over-the-counter (OTC) and by prescription.  As new  
            drugs (antimicrobials) were developed, FDA recognized the need  
            for these drugs to be administered through feed.  However, FDA  
            wanted to establish greater control and safety measures than  
            were currently available under OTC status since some of these  
            drugs could contribute to drug toxicity and antimicrobial  
            resistance or have other unintended outcomes. Therefore, the  
            Veterinary Feed Directive (VFD) was created to allow more  
            flexibility for new animal drugs to be administered through  
            medicated feed but done so under the supervision of a licensed  
            veterinarian (78 Federal Register 75517, December 12, 2013).

          Existing state law:

          1)Requires CDFA, through the Livestock Drug Program, to regulate  
            the manufacture, sale, registration, and use of livestock  
            drugs, except when the livestock drug is sold by prescription  
            only, used exclusively by a veterinarian, or used only under a  
            veterinarian's direction. CDFA is required to register OTC  
            livestock drugs and regulate their use for safety and efficacy  
            (Food and Agricultural Code §14200 et seq.).

          2)Requires the California State Board of Pharmacy to enforce  
            laws and regulations regarding prescription drugs and drugs  
            used exclusively by veterinarians (Business and Professions  
            Code § 4000 et seq.). 

          This bill:

          1)Provides definitions for both "medically important  
            antimicrobial drug" and "livestock."

          2)Prohibits, beginning January 1, 2017, the administration of a  
            medically important antimicrobial drug unless ordered by a  
            veterinarian, through a prescription or feed directive, that  
            has established a veterinarian-client-patient relationship.








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          3)Prohibits, beginning January 1, 2017, the use of a medically  
            important antimicrobial drug except when, in the professional  
            judgement of a licensed veterinarian, the drug is necessary  
            for any of the following:

              a)    To treat or control the spread of a disease or  
                infection.
              b)    In relation to surgery or a medical procedure.
              c)    To prevent the transmission of a particular disease or  
                infection known to occur in a specific situation.

          4)Prohibits a person from administering a medically important  
            antimicrobial drug in a repeated or regular pattern unless if  
            consistent with #3, above.

          5)Prohibits a person from administering a medically important  
            antimicrobial drug to livestock for the purposes of promoting  
            weight gain or improving feed efficiency.

          6)Requires CDFA, should funds be made available, to develop a  
            program or participate in an initiative to track the use of  
            medically important antimicrobial drugs in livestock as well  
            as antimicrobial-resistant bacteria and patterns of emerging  
            resistance. 

          7)Requires CDFA to adopt regulations to promote the judicious  
            use of medically important antimicrobial drugs in livestock.   
            Regulations shall include antimicrobial stewardship guidelines  
            that include rules on the proper use of medically important  
            antimicrobial drugs for disease prevention.

          8)Defines "antimicrobial stewardship" as a commitment to: 

              a)    Use medically important antimicrobial drugs only when  
                necessary to treat, control, and, in some cases, prevent  
                disease.
              b)    Choose and administer the appropriate medically  
                important antimicrobial drug correctly each time.
              c)    Use medically important antimicrobial drugs for the  
                shortest duration necessary and administered to the fewest  
                animals necessary.

          Background 
          







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          Antimicrobial drugs were first developed in 1928 and became  
          widely used in human medicine in the 1940s.  These new drugs  
          quickly proved to have significant health benefits in both human  
          and animal medicine and to this day are extremely valuable tools  
          used to treat and prevent illness and infection.  However,  
          incidences of antimicrobial resistance have been recorded over  
          time and, if not addressed, pose a serious threat to public  
          health.

          Antimicrobial resistance may develop for several reasons. One of  
          the most widely accepted contributors to antimicrobial  
          resistance is the misuse of antimicrobial drugs.  When bacteria  
          are exposed to an antimicrobial drug, it provides the  
          opportunity for "survival of the fittest" where only the  
          strongest, most immune bacteria survive.  These surviving,  
          antimicrobial-resistant bacteria then multiply to form new  
          colonies of resistant bacteria that may spread and infect other  
          individuals.  For this reason, it is important to use  
          antimicrobial drugs judiciously in both human and animal  
          medicine as one method to mitigate resistance.

          The Centers for Disease Control and Prevention (CDC) recently  
          issued a report titled Antibiotic Resistance Threats in the  
          United States, 2013.  The CDC estimates that in the United  
          States more than two million people are sickened every year with  
          antibiotic-resistant infections with at least 23,000 infections  
          resulting in death.  In its report, the CDC lists four core  
          actions that fight the spread of antibiotic resistance: 1)  
          preventing infections from occurring and preventing resistant  
          bacteria from spreading, 2) tracking resistant bacteria, 3)  
          improving the use of antibiotics, and 4) promoting the  
          development of new antibiotics and new diagnostic tests for  
          resistant bacteria.  

          The CDC notes that the use of antibiotics is the single most  
          important factor leading to antibiotic resistance around the  
          world.  Up to 50% of all antibiotics prescribed for people are  
          either not needed or not optimally effective as prescribed.   
          Antibiotics are also used in food-producing animals for the  
          purpose of promoting growth, which the CDC recommends phasing  
          out.  The US Food and Drug Administration (FDA) has developed  
          guidances (described below) to promote judicious use of  
          antimicrobials that would prohibit their use for improved feed  
          efficiency or increased weight gain.  According to the FDA's  







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          annual report on antimicrobial sales for animal use, 97% of  
          medically important antimicrobial drugs are sold OTC and not  
          through a veterinarian's prescription or feed directive.  The  
          FDA guidances will address this issue and others, as described  
          in further detail below.  

          In December 2013, the FDA released the final draft of the  
          Guidance for Industry #213 (GFI #213), which contains nonbinding  
          recommendations regarding the use of medically important  
          antimicrobial drugs in the feed and drinking water of  
          food-producing animals. These recommendations include: 1)  
          phasing out the use of medically important antimicrobial drugs  
          in food-producing animals for production purposes (growth  
          promotion and feed efficiency) and 2) veterinary oversight of  
          these drugs when used in the feed or water of food-producing  
          animals.
          The FDA's GFI #213 would change the status of antimicrobial  
          drugs administered in feed from OTC to VFD.  Due to this change,  
          the FDA recognizes that current VFD regulations must be revised  
          and streamlined to minimize the impact on veterinarians, the  
          animal feed industry, and producers.  These revisions are  
          believed to be critically important and are scheduled to be  
          completed before the three-year implementation timeline for GFI  
          #213. 

          On September 18, 2014, President Obama issued Executive Order  
          13676: Combating Antibiotic-Resistant Bacteria, which states  
          that this is an issue of national security and that "the Federal  
          Government will work domestically and internationally to detect,  
          prevent, and control illness and death related to  
          antibiotic-resistant infections by implementing measures that  
          reduce the emergence and spread of antibiotic-resistant bacteria  
          and help ensure the continued availability of effective  
          therapeutics for the treatment of bacterial infections."  Later  
          that same month, the White House issued the National Strategy  
          for Combating Antibiotic-Resistant Bacteria, and in March 2015,  
          the White House issued the National Action Plan for Combating  
          Antibiotic-Resistant Bacteria (Action Plan).  

          The Action Plan lays out a five-year plan with five distinct  
          goals: 1) slow the emergence of resistant bacteria, 2)  
          strengthen One-Health surveillance efforts, 3) advance the  
          development and use of rapid diagnostic tests to identify  
          resistant bacteria, 4) accelerate the development of new  







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          antibiotics, other treatments, and vaccines, and 5) improve  
          international collaboration to achieve these goals.  For  
          antimicrobial use in food animals (livestock), the Action Plan  
          seeks to implement FDA's guidances for industry, described later  
          in this analysis.

          The United States Department of Agriculture (USDA) currently  
          operates national laboratory systems that survey national animal  
          health and monitor antimicrobial resistance: the National Animal  
          Health Monitoring System (NAHMS) and the National Antimicrobial  
          Resistance Monitoring System (NARMS).  NAHMS was created in 1983  
          to collect and analyze data on animal health, management, and  
          productivity and to conduct national studies on livestock  
          populations. NAHMS is recognized as a statistical unit under the  
          Confidential Information Protection and Statistical Efficiency  
          Act (CIPSEA), which allows producers or livestock owners to  
          voluntarily provide sensitive and confidential information such  
          as on-farm management practices and animal health issues.  USDA  
          states that this is vital to encourage voluntary participation  
          and to maintain high response rates.

          NARMS was established in 1996 by the FDA in conjunction with the  
          CDC and USDA to monitor trends in antimicrobial resistance from  
          human, retail meat, and food animal samples. The goals and  
          objectives of NARMS' monitoring program are to monitor trends in  
          antimicrobial resistance among foodborne bacteria, conduct  
          research to better understand the emergence and spread of  
          resistant bacteria, and to assist the FDA in decision making for  
          the approval of antimicrobial drugs for animals.

          The California Animal Health and Food Safety (CAHFS) Laboratory  
          System, created as a partnership between CDFA and the UC Davis  
          School of Veterinary Medicine, is the state entity responsible  
          for providing rapid diagnostic testing for animal health  
          diseases, and those diseases that affect humans.  Most recently,  
          CAHFS has been involved in detecting avian influenza in both  
          commercial and backyard poultry but also conducts testing on any  
          animal brought to the lab with other concerns such as poisoning,  
          salmonella or other bacterial infections, rabies, and other  
          serious health issues for both livestock and pets.  CAHFS is  
          part of the National Animal Health Laboratory Network, which has  
          been included as a component of national surveillance efforts in  
          President Obama's Action Plan for combating antimicrobial  
          resistance.







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          Comments
          
          Governor's Veto.  Governor Brown vetoed a previous version of  
          this bill in 2014 (SB 835, Hill).  In his veto message, Governor  
          Brown stated that "more needs to be done to understand and  
          reduce our reliance on antibiotics.  To that end, I am directing  
          the Department of Food and Agriculture to work with the  
          Legislature to find new and effective ways to reduce the  
          unnecessary antibiotics used for livestock and poultry."  

          Work-in-progress:  The author and many of the stakeholder groups  
          are aware that this bill is a working draft and does not  
          represent the final language or all of the issues involved with  
          limiting antimicrobial use in livestock.  Several stakeholder  
          groups have expressed interest in continuing to work with the  
          author, and although many have chosen not to provide position  
          letters at this point, the author has received a letter stating  
          this intent from the California Veterinary Medical Association. 

          Veterinarian-client-patient relationship. The California Code of  
          Regulations (16 CCR § 2032.1) requires a veterinarian to  
          establish a veterinarian-client-patient relationship before  
          administering, prescribing, dispensing, or furnishing a drug or  
          medicine.  This relationship is established when the  
          veterinarian has sufficient knowledge of the animal through an  
          examination or by medically appropriate and timely visits to the  
          premises where the animal is housed.  Additionally, a  
          veterinarian shall not prescribe a drug for longer than one-year  
          duration.  

          Preventative and routine use. There is argument as to whether  
          antimicrobial drugs are being used judiciously when administered  
          to animals for the purpose of disease prevention.  The concern  
          relates to the use of antimicrobial drugs when a disease is not  
          clinically present and which could provide the opportunity for  
          the continual, prolonged, or routine use of antimicrobial drugs  
          in food animals.  

          However, the California Veterinary Medical Association is  
          concerned that if antimicrobial use is restricted then  
          veterinarians would be prevented from "making the best medical  
          decisions for the health and welfare of their patients.  There  
          are many instances where it is important to administer  







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          antibiotics prophylactically, such as to prevent the active  
          spread of 'silent killer' diseases such as Chlamydophila abortus  
          in sheep, particularly when there is no test available to  
          determine which sheep are the carriers of the disease.   
          Veterinarians must have the flexibility to provide scientific  
          and medically appropriate treatment for animals under their  
          care."

          Tracking. The creation of an antimicrobial use and resistance  
          tracking program has expressed support from the Natural  
          Resources Defense Council, which believes that more data should  
          be collected and available given the amount of antimicrobials  
          used in feed and water.  Conversely, a tracking program is an  
          expressed concern of many of the agricultural stakeholders as  
          well as the California Veterinary Medical Association given that  
          the implementation of such a program is believed to be difficult  
          and expensive, and that many details and responsibilities not  
          specified in the current bill.  For instance, it is unclear  
          which entity would be required to report antimicrobial use: the  
          producer, veterinarian, slaughterhouse, feed mill, or other  
          entity.  Another great concern of these groups is  
          confidentiality of this information, as previously described  
          with the NAHMS laboratory.  Furthermore, the federal government  
          is currently proposing an expanded nationwide antimicrobial use  
          and resistance surveillance program, as outlined in the USDA  
          Antimicrobial Resistance Plan published in June 2014 and in  
          President Obama's Action Plan.

          Over-the-counter accessibility. This bill would eliminate the  
          OTC availability of all medically important antimicrobial drugs  
          administered to livestock. However, there are concerns from the  
          livestock industry that this change will limit their ability to  
          obtain necessary medication for their livestock.  In some cases,  
          the ranch is located in a remote area where a veterinarian is  
          not readily available.  Furthermore, if the antimicrobial is no  
          longer available OTC at the local farm store and given that not  
          all pharmacies carry livestock drugs, there is concern that the  
          antimicrobial will not be available for purchase in a timely  
          manner.  However, the California Veterinary Medical Association  
          believes that "there should be veterinary supervision of  
          antimicrobial drugs in animals, since their improper use has  
          serious implications."

          Antimicrobial stewardship.  Several livestock industries have  







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          developed best management practices/quality assurance/herd  
          improvement programs that address animal welfare and food safety  
          issues.  The Beef Quality Assurance program includes guidelines  
          on the judicious use of antimicrobial drugs.  Additionally, the  
          American Veterinary Medical Association provides guidelines for  
          the judicious use of antimicrobial drugs in livestock.  Should  
          this bill become law, CDFA may draw from these existing programs  
          to develop a statewide guidance program; however, the issue of  
          developing antimicrobial stewardship guidelines has not been  
          thoroughly discussed within the context of this bill.

          Continuing education. The California Veterinary Medical  
          Association has proposed amendments that would make a course on  
          the judicious use of antimicrobial drugs a required component of  
          continuing education courses for veterinary license renewal.   
          Currently, veterinarians must complete 36 hours of continuing  
          education credits every two years as a requirement of license  
          renewal.  These classes allow veterinarians to stay current on  
          new therapies, studies, treatments, illnesses, technologies, and  
          other related issues; therefore if this amendment were adopted,  
          veterinarians would be required to attend an approved course on  
          the judicious use of antimicrobial drugs at least once every two  
          years (Business and Professions Code § 4846.5).

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, there are  
          "unknown costs to CDFA to develop a program to track the use of  
          antimicrobial drugs in livestock. Cost would be dependent on the  
          scope of the program developed and the extent to which funding  
          is made available (special fund)."

          SUPPORT:   (Verified5/29/15)

          None received

          OPPOSITION:   (Verified5/29/15)

          California League of Conservation Voters
          California Public Health Association - North
          CALPIRG
          Center for Food Safety
          Consumers Union







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          Dignity Health
          Environmental Working Group
          Food & Water Watch
          Food Chain Workers Alliance
          Health Care Without Harm
          Humane Society Veterinary Medical Association
          Natural Resources Defense Council
          Physicians for Social Responsibility, San Francisco Bay Area  
          Chapter
          Prevention Institute
          Roots of Change

          ARGUMENTS IN SUPPORT: According to the author, "The overuse and  
          misuse of antibiotics, especially antibiotics important in human  
          medicine, contributes to antibiotic resistance as a growing  
          public health threat. Inappropriate antibiotic use and overuse  
          in humans drives the development of antibiotic resistance, but  
          there is also a concern about antibiotic use in livestock and  
          poultry. Based on the best information available from the  
          federal Food and Drug Administration (FDA), it's estimated that  
          at least 70 percent of all medically important antibiotics are  
          sold for use in livestock and poultry. [?]  The data available  
          on antibiotic use in livestock and poultry is in itself a  
          problem; in large part, many consider the data to be  
          insufficient since the only data collected is sales data. More,  
          and better data, needs to be collected to properly address this  
          issue.  While there may be data gaps about antibiotic use in  
          livestock and poultry, we do know that under current law the  
          majority of medically important antibiotics may be sold for use  
          in livestock and poultry without veterinary oversight. [?]  
          Antibiotic stewardship programs are a commitment to always use  
          antibiotics only when they are necessary, to choose the right  
          antibiotics and to administer them in the right way in every  
          case. Antibiotic stewardship programs have been effective in  
          reducing inappropriate antibiotic use in humans, as well in  
                                                                      reducing antibiotic resistance. [?] However, there is no similar  
          requirement that veterinarians and livestock and poultry  
          producers follow antibiotic stewardship guidelines."

          ARGUMENTS IN OPPOSITION:     All of the organizations listed on  
          this analysis under "Opposition", except for the Consumers  
          Union, are in fact "Opposed unless amended." These organizations  
          have the same concern: namely, that this bill does not go far  
          enough to restrict the use of antimicrobial drugs for  







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          preventative or routine uses in livestock.  These organizations  
          state that, "Antibiotic-resistant infections can result in  
          longer illnesses, more hospitalizations, antibiotics with  
          greater side-effects, and even death when treatments fail.    
          Resistant infections are estimated to cost the U.S. up to $61  
          billion annually in additional health care costs and lost  
          productivity.  Growing resistance also puts complicated medical  
          procedures such as heart surgery, organ transplants, and  
          chemotherapy in jeopardy" due to reliance on effective  
          antibiotics.  Furthermore, about 70% of all medically important  
          antibiotics sold in the US are used in livestock, where much of  
          the use is to accelerate animal growth and to offset risks  
          created by the crowded and stressful conditions at many  
          livestock and poultry facilities.  "Medical, veterinary, and  
          scientific groups have called for an end to the misuse and  
          overuse of antibiotics in livestock to help combat the rise of  
          antibiotic resistance."

          The Consumers Union has similar concerns regarding the  
          preventative use of antimicrobial drugs, as well as the concern  
          that "the data reporting part of the bill does not require  
          reporting of total quantity of antibiotics used."


          Prepared by:Anne Megaro / AGRI. / (916) 651-1508
          6/1/15 19:33:04
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