BILL ANALYSIS Ó SB 770 Page 1 Date of Hearing: July 1, 2015 ASSEMBLY COMMITTEE ON AGRICULTURE Henry Perea, Chair SB 770 (Mendoza) - As Amended April 29, 2015 SENATE VOTE: 36-0 SUBJECT: Department of Food and Agriculture: medicated feed. SUMMARY: This bill requires the California Department of Food and Agriculture (CDFA) to continue to be the primary regulatory agency responsible for regulating medicated feed. Specifically, this bill: 1)States findings and declarations regarding medicated feed, consolidating governance expertise, and coordination with the federal government on the implementation of feed safety laws, including the federal Food and Drug Administration's (FDA) guidance for industry (GIF) on the judicious use of antimicrobial drugs in livestock. 2)Requires CDFA 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. SB 770 Page 2 3)Requires CDFA to be the primary state agency responsible for overseeing medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight. EXISTING LAW: Federal law: 1)Authorizes FDA to protect public health by ensuring the safety, effectiveness, quality, and security of human and veterinary drugs. 2)Authorizes the Center for Veterinary Medicine, within FDA, to regulate the manufacture and distribution of drugs that will be administered to animals, as well as medicated feed. State law: 1)Requires CDFA, through the Feed Inspection Program, to regulate 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. SB 770 Page 3 2)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 over-the-counter livestock drugs and regulate their use for safety and efficacy. 3)Authorizes the California State Board of Pharmacy (CBOP) to license, regulate and enforce laws and regulations regarding prescription drugs and drugs used exclusively by veterinarians. FISCAL EFFECT: Unknown. This bill has been keyed fiscal by Legislative Counsel. COMMENTS: Antimicrobial drugs have been widely used in human medicine since the 1940s. Antimicrobial drugs have significant health benefits in both human and animal medicine, and are important and valuable tools used to treat and prevent illness and infection. Incidences of antimicrobial resistance have been recorded over time and, if left unchecked, pose a threat to public health. CDC notes that the use of antimicrobial is the single most important factor leading to antimicrobial resistance around the world. Up to 50% of all antibiotics prescribed for people are either not needed or not optimally effective as prescribed. Antimicrobials are also used in food-producing animals for the purpose of promoting growth, which CDC recommends phasing out. SB 770 Page 4 In the past decade, FDA has worked on creating GFIs regarding the judicious use of antimicrobial drugs in food producing animals. In December 2013, FDA released the final draft of GFI #213. GFI #213 contains nonbinding recommendations to industry regarding the use of antimicrobial drugs in the feed and drinking water of food-producing animals. The FDA intends to work with drug companies to help them voluntarily implement the recommendations, which include: 1) phasing out the use of antimicrobial drugs in food-producing animals for production purposes (growth promotion and feed efficiency); and, 2) include veterinary oversight of these drugs when used in the feed or water of food-producing animals. 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 scheduled to be completed before the three-year implementation timeline for GFI #213. CDFA currently serves as the regulatory and enforcement SB 770 Page 5 authority on livestock feed and has the expertise required to verify that feed is safe and meets all quality assurance and handling and inspection requirements. There are concerns that future state or federal laws could change the status of antimicrobials from OTC to VFD or prescription, which could transfer the jurisdiction of medicated feed to CBOP, which does not have experience regulating feed manufacturers. 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 CBOP. This transfer will create a situation wherein feed manufacturers could be subject to inspections by two different agencies - CDFA and CBOP. Furthermore, supporters state the existing commercial feed program 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. Supporters state that feed mills are complex manufacturing facilities and in order to have effective regulations and need inspectors that understand the feed manufacturing process. This bill ensures that CDFA will continue to oversee the manufacture and use of medicated feed in California, regardless of which agency regulates the medication being fed. REGISTERED SUPPORT / OPPOSITION: Support California Grain and Feed Association (Sponsor) SB 770 Page 6 California Farm Bureau Federation 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 on file. Analysis Prepared by:Victor Francovich / AGRI. / (916) 319-2084 SB 770 Page 7