Amended in Senate April 29, 2015

Senate Bill No. 770

Introduced by Senator Mendoza

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(Principal coauthor: Assembly Member Gray)

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February 27, 2015

An act to add Section 14902.5 to the Food and Agricultural Code, relating to commercial feed.

LEGISLATIVE COUNSEL’S DIGEST

SB 770, as amended, Mendoza. Department of Food and Agriculture: medicated feed.

Existing law regulates the manufacture, distribution, and labeling of commercial feed, and requires the Secretary of Food and Agriculture to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law requires the secretary to establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures relating to commercial feed, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds. Existing law defines “medicated feeds” as commercial feeds that contain drugs.

This bill would require the begin delete department end delete begin insert Department of Food and Agriculture end insert to continue to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements that are imposed on medicated feed suppliers. The bill would also vest with the department primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight.

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

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) It is the intent of the Legislature to begin delete provide maximum benefit
for, and safety to, livestock feed consumers end delete begin insert ensure a safe livestock
feed supply end insert by consolidating expertise in governance, feed safety,
and enforcement of commercial animal feed, and to maximize the
coordination with begin insert the end insert federal government on the implementation
of feed safety laws begin insert and related regulations and recommendations end insert
such as the federal Food Safety Modernization Act begin insert and the federal
Food and Drug Administration (FDA) Guidance for Industry #209
and #213 end insert .

(b) It is the intent of the Legislature that the Department of Food
and Agriculture be the primary begin delete coordinator and implementing end delete
agency begin insert responsible end insert for begin insert coordinating and implementing end insert feed quality
and safety issues in California.

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(c) On April 11, 2012, the FDA finalized a guidance document
entitled “The Judicious Use of Medically Important Antimicrobial
Drugs in Food-Producing Animals” (Judicious Use Guidance,
Guidance for Industry #209), and in December 2013, the FDA
finalized Guidance for Industry #213 entitled, “New Animal Drugs
and New Animal Drug Combination Products Administered in or
on Medicated Feed or Drinking Water of Food-Producing Animals:
Recommendations for Drug Sponsors for Voluntarily Aligning
Product Use Conditions with GFI #209.” Combined, the Guidance
for Industry #209 and #213 discuss the FDA’s concerns regarding
the development of antimicrobial resistance in human and animal
bacterial pathogens when medically important antimicrobial drugs
are used in food-producing animals in an injudicious manner, and
recommends veterinary oversight of these drugs when used in the
feed or water of food-producing animals. The Department of Food
and Agriculture is well positioned to implement these guidance
documents as they pertain to medicated feed.

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(c)

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begin insert (d) end insert  When enforcing existing law, as it relates to medicated feed,
the begin delete department end delete begin insert Department of Food and Agriculture end insert should
coordinate with all other appropriate agencies, including the State
Department of Public Health.

SEC. 2.  

Section 14902.5 is added to the Food and Agricultural
Code, to read:

14902.5.  

Notwithstanding any other law, the department shall
continue to be the primary regulatory agency over medicated feed,
responsible for regulating medicated feed quality assurance and
medicated feed safety, and enforcing any handling and inspecting
requirements imposed on medicated feed suppliers. The department
shall also have primary responsibility over medicated feed
ingredients and the sale of medicated feed that is subject to
veterinarian oversight.