BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 416
          Author:   Florez (D)
          Amended:  6/2/09
          Vote:     21

           
           SENATE FOOD AND AGRICULTURE COMMITTEE  :  3-1, 4/21/09
          AYES:  Florez, Hancock, Pavley
          NOES:  Hollingsworth
          NO VOTE RECOREDED:  Maldonado

           SENATE EDUCATION COMMITTEE  :  5-2, 4/29/09
          AYES:  Romero, Alquist, Hancock, Liu, Simitian
          NOES:  Huff, Wyland
          NO VOTE RECORDED:  Maldonado, Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  7-5, 5/28/09
          AYES:  Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,  
            Yee
          NOES:  Cox, Denham, Runner, Walters, Wyland
          NO VOTE RECORDED:  Wolk


           SUBJECT :    Antibiotics

           SOURCE  :     Author


           DIGEST  :    This bill allows a school district to make every  
          effort to purchase poultry and meat products that have not  
          been treated with nontherapeutic antibiotics.  This bill  
          provides that each school district that purchases poultry  
          or meat products that have not been treated with  
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          nontherapeutic antibiotics may report annually to the  
          Superintendent of Public Instruction (SPI), as specified.  
          This bill requires the SPI to request specified information  
          from the United States Department of Agriculture (USDA),  
          and requires the SPI to provide the Legislature, no later  
          than July 1, 2011, with a copy of any information provided  
          by the USDA including information relating to any lack of  
          response to the Superintendents' request for information.

           ANALYSIS  :    The Pupil Nutrition, Health, and Achievement  
          Act of 2001 (Act) established by SB 19 (Escutia), Chapter  
          913, Statues of 2001, specifies school nutrition standards  
          for elementary schools.  The Act also identifies nutrition  
          standards for beverages and snacks for secondary schools.

          Existing law specifies that the Department of Food and  
          Agriculture (DFA) is responsible for the enforcement of  
          regulations relating to the sale, manufacture, and use of  
          livestock drugs in California.  

          Existing law identifies specific "restricted drugs" which  
          might present a hazard to human health if administered  
          directly to humans or if improperly administered to  
          livestock is dangerous to the health of the livestock or to  
          humans who consumer the products from the livestock.   
          Restricted drugs must be sold from a DFA-licensed business.  
           A licensed facility may be inspected by DFA for proper  
          storage and handling.  DFA may restrict what drugs may be  
          sold by the business.  Licensed businesses must maintain  
          records of the quantity of restricted drugs sold, date of  
          sale, purchaser, and other information.  The list of  
          "restricted drugs" includes all of the following:  arsenic  
          compounds and preparations, diethylstilbestrol and other  
          substances which have a hormone like action, antibiotic  
          preparations, and other drugs and their preparations which  
          DFA determines are hazardous to the health of livestock or  
          public safety.  

          This bill:

          1. Finds and declares the following:

             A.    An estimated 70 percent of all antibiotics sold  
                in the United States go toward healthy livestock,  







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                according to a study by the Union of Concerned  
                Scientists.

             B.    It is in the best interest of pupils attending  
                California schools that those schools procure meat  
                for school lunch and breakfast programs that are  
                free of nontherapeutic antibiotics.

          2. Allows a school district to make every effort to  
             purchase poultry and meat products that have not been  
             treated with nontherapeutic antibiotics.

          3, Provides that each school district that purchases  
             poultry or meat products that have not been treated with  
             nontherapeutic antibiotics may report annually to the  
             SPI.

          4. Specifies that the report may include, but is not  
             limited to, the following:

             A.    A list of products purchased.

             B.    The cost of each product.

             C.    The cost of comparable products known to have  
                been treated with nontherapeutic antibiotics.

          5. Requires the SPI to request that the USDA do all of the  
             following:

             A.    Provide any information known to the USDA on the  
                use of nontherapeutic antibiotics in the meat  
                available to California schools through the USDA's  
                bonus and entitlement commodity programs for the  
                National School Lunch Program or School Breakfast  
                Program, including specifying which products  
                contain nontherapeutic antibiotics.

             B.    If information on the use of nontherapeutic  
                antibiotics in meat is not readily available,  
                provide information as to when it will be  
                available.

          6. Requires the SPI to provide the Legislature, no later  







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             than July 1, 2011, with a copy of any information  
             provided by the USDA including information relating to  
             any lack of response to the SPIs' request for  
             information.
           
          7. Defines "antibiotic" for purposes of this bill to mean,  
             any drug intended for use in food-producing animals that  
             is composed wholly or partly of either of the following:

             A.    Any kind of penicillin, tetracycline, macrolide,  
                lincosamide, streptogramin, minoglycoside, or  
                sulfonamide.

             B.    Any other drug or derivative of a drug that is  
                used in humans or intended for use in humans to  
                treat or prevent disease or infection caused by  
                microorganisms.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          Unknown

           SUPPORT  :   (Verified  6/2/09) (Previous version)

          Alliance for Democracy
          Animal Place
          Bon Appetit
          Breast Cancer Action
          California Nurses Association
          California Political Action Committee for Animals (Paw PAC)
          Campaign for Better Nutrition
          Center for Food Safety
          Community Alliance with Family Farmers
          Consumers Union
          Eco Farm
          Food & Water Watch
          Food Animal Concerns Trust
          Health Care Without Harm
          Institute for Agricultural and Trade Policy
          National Association of Nutrition Professionals
          Natural Products Association West
          Union of Concerned Scientists
          Wild Farm Alliance







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           OPPOSITION  :    (Verified  6/2/09) (Previous version)

           Agricultural Council of California
          Alliance of Western Milk Producers
          Alpharma Animal Health
           Animal Health Institute
           California Cattlemen's Association
          California Chamber of Commerce
          California Dairies, Inc.
          California Dairy Campaign 
           California Farm Bureau Federation 
           California Grain and Feed Association
          California Pork Producers Association
          California Poultry Federation (CPF)
           California Teamsters Public Affairs Council
          California Veterinary Medical Association (CVMA)
           California Women for Agriculture
          Central Coast Fryer Farms Inc.
          Foster Poultry Farms
          Land O'Lakes, Inc.
          Milk Producers Council (MPC)
          Neighbor Market Association (NMA)
          Pacific Egg and Poultry Association
           Pitman Farms
           Squab Producers of California
          UFCW 8-Golden State
           United Food & Commercial Workers Western States Council
           Western United Dairymen  (WUD)  
           Willie Bird Turkeys
           Woodland Farms  
          Zacky Farms


          TSM:do  6/2/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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