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 --