BILL NUMBER: SB 770	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2015

INTRODUCED BY   Senator Mendoza
    (   Principal coauthor:   Assembly Member
  Gray   ) 

                        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  department  
Department of Food and   Agriculture  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  provide
maximum benefit for, and safety to, livestock feed consumers
  ensure a safe livestock feed supply  by
consolidating expertise in governance, feed safety, and enforcement
of commercial animal feed, and to maximize the coordination with 
the  federal government on the implementation of feed safety
laws  and related regulations and recommendations  such as
the federal Food Safety Modernization Act  and the federal Food
and Drug Administration (FDA) Guidance for Industry #209 and #213
 .
   (b) It is the intent of the Legislature that the Department of
Food and Agriculture be the primary  coordinator and
implementing  agency  responsible  for 
coordinating and implementing  feed quality and safety issues in
California. 
   (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. 

   (c) 
    (d)  When enforcing existing law, as it relates to
medicated feed, the  department   Department of
Food and Agriculture  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.