BILL ANALYSIS Ó SENATE COMMITTEE ON AGRICULTURE Senator Cathleen Galgiani, Chair 2015 - 2016 Regular Bill No: SB 770 Hearing Date: 4/7/15 ----------------------------------------------------------------- |Author: |Mendoza | |-----------+-----------------------------------------------------| |Version: |2/27/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Anne Megaro | | | | ----------------------------------------------------------------- Subject: Department of Food and Agriculture: medicated feed SUMMARY : This bill would require the California Department of Food and Agriculture to continue to be the primary regulatory agency responsible for regulating medicated feed. BACKGROUND AND EXISTING LAW : Existing State Law: The California Department of Food and Agriculture (CDFA), through the Feed Inspection Program, is responsible for regulating the manufacture of commercial feed through the establishment of good manufacturing practices, hazard analysis, and preventive control measures. This includes medicated feed premixes and medicated feeds, where regulations shall be based upon federal food and drug laws and regulations (Food and Agricultural Code § 14901 et seq.). CDFA, through the Livestock Drug Program, is also responsible for regulating 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 over-the-counter (OTC) livestock drugs and regulate their use for safety and efficacy (Food and Agricultural Code §14200 et seq.). SB 770 (Mendoza) Page 2 of ? The California State Board of Pharmacy is responsible for licensing, regulating and enforcing laws and regulations regarding prescription drugs and drugs used exclusively by veterinarians (Business and Professions Code § 4000 et seq.). Existing Federal Law: The Food and Drug Administration (FDA) is responsible for protecting public health by assuring the safety, effectiveness, quality, and security of human and veterinary drugs. Within FDA, the Center for Veterinary Medicine regulates the manufacture and distribution of drugs that will be administered to animals, as well as medicated feed. The Animal Drug Availability Act enacted in 1996 created a new regulatory category for certain animal drugs used in animal feed. Previously, drugs were only available through two means: over-the-counter and by prescription. As new drugs (antimicrobials) were developed, FDA recognized the need for these drugs to be administered though 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). As concerns over antimicrobial resistance grew, the FDA created guidelines for industry regarding the judicious use of medically important antimicrobial drugs. 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 federal Food Safety Modernization Act (FSMA), signed into law on January 4, 2011, enables the FDA to strengthen the food SB 770 (Mendoza) Page 3 of ? and feed safety system by primarily focusing on preventative rather than response methods. CDFA is actively involved in ensuring compliance with FSMA laws and regulations and has recently been given authority by the legislature to establish hazard analysis and preventive control methods for all commercial feed (AB 1132 of 2013). PROPOSED LAW : This bill: States findings and declarations regarding medicated feed, consolidating governance expertise, and coordination with the federal government on the implementation of feed safety laws such as the federal Food Safety Modernization Act. Requires CDFA, notwithstanding any other law, to be the primary state agency responsible for regulating medicated feed, including medicated feed quality assurance and safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. Requires CDFA, notwithstanding any other law, to be the primary state agency responsible for overseeing medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight. ARGUMENTS IN SUPPORT: According to the author, "Federal and state legislation is currently being proposed that will transfer the responsibility of defining the usage of drugs or food additives added to commercial feed to the California State Board of Pharmacy (CBOP). Should this occur, this transfer will create a situation wherein feed manufacturers could be subject to inspections by two different agencies - CDFA and CBOP. SB 770 ensures that the California Department of Food and Agriculture (CDFA) will continue to oversee the manufacture and use of medicated feed in California, regardless of which agency regulates the medication being fed." [sic] According to those in support, "Because there is an existing SB 770 (Mendoza) Page 4 of ? Commercial feed program with licensed and trained inspectors, retaining the oversight of the inspection and regulation of the feed mills within CDFA will increase efficiency and cost effectiveness of the program and provide well trained staff. Feed mills are complex manufacturing facilities and in order to have effective regulations, we need inspectors that understand the feed manufacturing process." ARGUMENTS IN OPPOSITION: None received. COMMENTS : Drug Accessibility: Currently, antimicrobial drugs may be obtained one of three ways: over-the-counter (OTC), through a veterinarian's prescription, or through a veterinary feed directive (VFD) which does not require a prescription but does require veterinary oversight of a food-animal drug that is administered through feed or drinking water. 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. Feed Authority: CDFA currently serves as the regulatory and enforcement authority on livestock feed and has the expertise required to inspect, test, and verify that feed is safe and meets all quality assurance and handling and inspection requirements. However, there are concerns that future state or federal laws could change the status of certain drugs (i.e. antimicrobials) from OTC to VFD or prescription, which could transfer the jurisdiction of medicated feed to the California State Board of Pharmacy (CSBP), which does not have experience regulating feed manufacturers. This issue was discussed but not fully addressed in SB 835 (Hill) of 2014, and it remains a concern for both the feed and livestock industries. Food Safety Modernization Act: FSMA would strengthen feed and food safety laws primarily through preventative measures as well SB 770 (Mendoza) Page 5 of ? as improve recall authority. FDA has proposed a regulation for Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventative Controls for Food for Animals, which could reduce the occurrences of medicated feed recalls thus preventing unnecessary feed and financial losses. FDA works with CDFA to regulate and enforce these practices. The committee may wish to consider whether a reference to FDA's guidances on antimicrobial drugs and other anticipated state and federal changes to livestock antimicrobial drug use would be appropriate to add to the intent language of this bill. The committee may wish to consider whether CDFA should be required to coordinate with the California Department of Public Health (CDPH) when enforcing laws regarding medicated feed. CDPH is not currently involved in regulating feed, however the reference to CDPH in the intent language of this bill could have been included due to the fact that there are discussions and proposed legislation (SB 27) that would require tracking of antimicrobial use and resistance. The committee may wish to consider whether the intent language should provide better clarity as to the role of CDPH or other agencies. RELATED LEGISLATION : SB 27 (Hill) of 2015. This bill would prohibit the use of any medically important antimicrobial drug in livestock for the purpose of increased weight gain or feed efficiency and would require a veterinarian's prescription for use in animal feed. This bill would create a tracking program, create antimicrobial stewardship guidelines, and provide penalties for violations of these provisions. Currently in the Senate Committee on Agriculture. AB 49 (Mullin) of 2015, not yet assigned to a committee, would make findings and declarations regarding antibiotic use in food-producing animals and would state the intent of the legislature to enact legislation that would address the overuse of antibiotics in livestock production. SB 835 (Hill) of 2014. This bill would have codified the Food and Drug Administration's Guidance for Industry #213, dated December 2013, by requiring the secretary of the California SB 770 (Mendoza) Page 6 of ? Department of Food and Agriculture to refuse to register a livestock drug administered in the feed or drinking water of food animals if such drug is a medically important antimicrobial drug. Vetoed. AB 1132 (Eggman), Chapter 622, Statutes of 2013. Authorizes the secretary of the California Department of Food and Agriculture to establish hazard analysis and preventive control measures for all commercial feed, among other provisions. ------------------------------------------------------------------ | | | |--------------------------------------+---------------------------| | | | |--------------------------------------+---------------------------| | | | | | | ------------------------------------------------------------------ SUPPORT : California Grain and Feed Association (Sponsor) Agricultural Council of California Association of California Egg Farmers California Cattlemen's Association California Farm Bureau Federation California Pork Producers Association California Poultry Federation Pacific Egg and Poultry Association OPPOSITION : None received -- END --