Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1437

Introduced by Assembly Member Mullin

begin insert

(Coauthors: Assembly Members Gordon and Ting)

end insert begin insert

(Coauthors: Senators Evans and Jackson)

end insert

January 6, 2014

An act to begin delete amend Sections 14200, 14203, 14289, and 14381 of, to add Sections 14203.5, 14207.3, 14207.5, 14207.7, 14220, 14297, and 14366 to, and to add Article 5.5 (commencing with Section 14335) and Article 5.6 (commencing with Section 14340) to Chapter 4 of Division 7 of, end delete begin insert add Chapter 4.6 (commencing with Section 19060) to Part 3 of Division 9 of end insert the Food and Agriculture Code, relating to begin delete livestock drugs. end delete begin insert medically important antimicrobials. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1437, as amended, Mullin. Medically important antimicrobials: begin delete nontherapeutic use. end delete begin insert livestock and poultry. end insert

begin insert

Under existing law, the Department of Food and Agriculture is responsible for enforcing provisions relating to the importation of animals, milk and milk products, produce dealers, and other agricultural regulations. Existing law, the California Meat and Poultry Inspection Act, establishes a meat and poultry inspection program and, in connection with the operation of that program by the department, authorizes the Secretary of Food and Agriculture to adopt, by regulation, standards and requirements that meet those prescribed by the Federal Meat Inspection Act and the Federal Poultry Products Inspection Act.

end insert begin insert

This bill would prohibit a livestock or poultry product from being sold in California if the livestock or poultry product is constituted of livestock or poultry that was administered a medically important antimicrobial for nontherapeutic use, such as growth promotion, feed efficiency, weight gain, or disease prevention. The bill would also prohibit a livestock or poultry product sold in California to be constituted of livestock or poultry that was administered a medically important antimicrobial for nonroutine disease control unless certain conditions are met. The bill would prohibit a livestock or poultry product from being sold in California unless the livestock or poultry product is constituted wholly or in part of livestock or poultry that was slaughtered at a registered slaughter facility and the slaughter facility annually reports specified information to the department regarding the use of medically important antimicrobials. The bill would also prohibit a medically important antimicrobial from being administered to a food-producing animal unless the medically important antimicrobial is administered for a therapeutic use and consistently with specified veterinarian provisions. The bill would require the department to establish, by regulation, a schedule for the implementation of these provisions and require that they be fully implemented on or before on January 1, 2020. The bill would require the department to post the information reported by the slaughter facilities on an Internet Web site commencing on or before December 31, 2017.

end insert begin insert

This bill would require the department to adopt any regulations necessary to implement the provisions of the bill.

end insert begin delete

Existing law requires the manufacturer of a livestock drug, including a restricted drug, as defined, to register with the Director of Food and Agriculture and requires the director to refuse to register the drug if he or she makes specified findings. Under existing law it is unlawful, among other things, to use or administer any registered livestock drug, except in accordance with the label instructions, as specified, and makes an initial violation of these provisions subject to an infraction and, for subsequent violations, a misdemeanor.

end delete begin delete

This bill, as of January 1, 2017, would redefine “restricted drug” to also include a livestock drug that is recognized by either the Center for Disease Control and Prevention or the World Health Organization to increase the prevalence of antibiotic-resistant bacteria, as specified. The bill would prohibit registration of a restricted drug if the director finds that the restricted drug poses a risk to public health through the increased prevalence of antibiotic-resistant bacteria. The bill would also authorize the director to revoke the registration of a medically important antimicrobial, as defined, for use in livestock if he or she finds that the drug threatens the public health by increasing the prevalence of antibiotic-resistant bacteria.

end delete begin delete

The bill would prohibit the administration of a medically important antimicrobial to a food-producing animal for nonroutine disease control unless certain conditions are met. By prohibiting the administration of a medically important antimicrobial, this bill would create a crime, thereby imposing a state-mandated local program. The bill would also require a livestock producer that does administer a medically important antimicrobial to a food-producing animal to annually report specified information to the director relating to the administration of the medically important antimicrobial and would make the failure to make that report an infraction subject to specified penalties. The bill would require the department post this information on an Internet Web site.

end delete begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature find and declare all of the
following:

(a) In 1977, the United States Food and Drug Administration
(FDA) concluded that feeding livestock low doses of antibiotics
begin delete that end delete begin insert from antibiotic classes that end insert are used in human disease
treatment could promote the development of antibiotic-resistance
in bacteria begin insert and pose a risk to human health end insert . The FDA, however,
did not act in response to these findings, despite laws requiring
the agency to do so.

(b) The FDA begin delete has promulgated end delete begin insert issued end insert voluntary begin delete regulations end delete
begin insert guidance in December 2013 end insert on the nontherapeutic use of
antibiotics, however begin delete these guidelines are end delete begin insert this guidance is end insert unlikely
to significantly reduce the nontherapeutic use of antibiotics in
livestock begin insert because of a broad exemption allowing for the use of
antibiotics for disease prevention end insert .

(c) Not only do antibiotic-resistant bacteria affect the health of
our society, but they also have a monetary impact. In 1998, the
National Academy of Sciences noted that antibiotic-resistant
bacteria generate a minimum of four to five billion dollars in costs
to United States society and individuals every year. begin insert In 2009, in a
study funded by the federal Centers for Disease Control and
Prevention, Cook County Hospital and Alliance for Prudent Use
of Antibiotics estimated that the total health care cost of
antibiotic-resistant infections in the United States was between
$16.6 billion and $26 billion annually. Societal costs from lost
productivity due to illnesses were estimated to be an additional
$35 billion. end insert

(d) In April 1999, the United States Government Accountability
Office conducted a study concluding that three strains of
microorganisms that cause foodborne illnesses or disease in humans
are resistant to antibiotics and are linked to the use of antibiotics
in animals. These microorganisms are salmonella, Campylobacter,
and E. Coli.

(e) In 1999, begin delete 2011, and 2006, end delete begin insert 2006, and 2011, end insert the United States
Department of Agriculture’s Animal and Plant Health Inspection
Service conducted large-scale, voluntary surveys that revealed all
of the following:

(1) Eighty-four percent of grower and finisher swine farms, 83
percent of cattle feedlots, and 84 percent of sheep farms administer
antimicrobials in feed or water for either health or growth
promotion reasons.

(2) Many of the antimicrobials that were identified were
identical or closely related to drugs used in human medicine,
including tetracyclines, macrolides, bacitracin, penicillins, and
sulfonamides.

(3) These drugs are used in people to treat serious diseases, such
as pneumonia, scarlet fever, rheumatic fever, sexually transmitted
infections, and skin infections; pandemics such as malaria and
plague; and bioterrorism agents such as anthrax.

begin delete

(f) Overuse or misuse of antibiotics contributes to the spread of
antibiotic resistance, whether in human medicine or in agriculture.

end delete begin delete

(g)

end delete

begin insert (f) end insert  In June 2002, the peer-reviewed journal, “Clinical Infectious
Diseases,” published a report based on a two-year review, by
experts in human and veterinary medicine, public health,
microbiology, biostatistics, and risk analysis, of more than 500
scientific studies on the human health impacts of antimicrobial
use in agriculture. The report recommended that antimicrobial
agents should not be used in agriculture in the absence of disease
and should be limited to therapy for diseased individual animals
or prophylaxis when disease is documented in a herd or flock.

begin delete

(h)

end delete

begin insert (g) end insert  In a March 2003 report, the National Academy of Sciences
stated that a decrease in antimicrobial use in human medicine alone
will have little effect on the rise in antibiotic-resistant bacteria and
that substantial efforts must be made to decrease the inappropriate
overuse of antimicrobials in animals and agriculture.

begin delete

(i)

end delete

begin insert (h) end insert  In 2010, the peer-reviewed journal, “Molecular Cell,”
published a study demonstrating that a low-dosage use of
antibiotics causes a dramatic increase in genetic mutation, raising
new concerns about the agricultural practice of using low-dosage
antibiotics in order to stimulate growth promotion and routinely
prevent disease in unhealthy conditions.

begin delete

(j)

end delete

begin insert (i) end insert  In 2010, the Danish Veterinary and Food Administration
testified that the Danish ban of the nontherapeutic use of antibiotics
in food animal production resulted in a marked reduction in
antimicrobial resistance in multiple bacterial species, including
Campylobacter and Enterococci.

begin delete

(k)

end delete

begin insert (j) end insert  In 2011, the FDA found that in 2010:

(1) Thirteen million five hundred thousand kilograms of
antibacterial drugs were sold for use on food animals in the United
States.

(2) Three million three hundred thousand kilograms of
antibacterial drugs were used for human health.

(3) Eighty percent of antibacterial begin delete drugs end delete begin insert drugs, and over 70
percent of medically important antibacterial drugs, end insert disseminated
in the United States were sold for use on food-producing animals,
rather than being used for human health.

begin delete

(l)

end delete

begin insert (k) end insert  In 2011, a review of all scientific studies on antimicrobial
use in farm animals, published in Clinical Microbiology Reviews,
found the following:

(1)  begin delete The end delete begin insert That the end insert use of antibiotics in food-producing animals
leads to the development of reservoirs of antibiotic begin delete resistance. end delete
begin insert resistance, that antibiotic-resistant bacteria can spread through
food, water, air, soil, and meat-industry workers, and that bacteria
can share resistance genes with each other. end insert

(2) A ban on nontherapeutic antibiotic use in food-producing
animals would preserve the use of antibiotics for medicine.

(3) A Danish ban on nontherapeutic antibiotics in
food-producing animals resulted in little change in animal
morbidity and mortality, and only a modest increase in production
cost.

begin insert

(l) The federal Centers for Disease Control and Prevention
(CDC) concluded in a recent report, “Antibiotic Resistance Threats
in the United States, 2013,” that overuse or misuse of antibiotics
contributes to the spread of antibiotic resistance, whether in human
medicine or in agriculture. The CDC estimated that antibiotic
resistance causes at least 23,000 deaths and two million illnesses
every year.

end insert begin insert

(m) In 2013, the peer-reviewed journal, “The Journal of the
American Medical Association,” published a study showing higher
levels of antibiotic-resistant skin and soft-tissue infections in people
living in proximity to hog farms or fields treated with swine manure
in Pennsylvania. Similarly, in 2014, the peer-reviewed journal,
“Infection Control and Hospital Epidemiology,” published a study
focused on hospitalized veterans in rural areas of Iowa, finding
that people living in close proximity to a swine-feeding operation
were nearly three times as likely to have been affected by
methicillin-resistant Staphylococcus aureus (MRSA) at the time
of admission to the hospital.

end insert begin delete

(m)

end delete

begin insert (n) end insert  The FDA’s National Antimicrobial Resistance Monitoring
System routinely finds that retail meat products are contaminated
with bacteria that are resistant to antibiotics that are important to
human medicine.

begin delete

(n)

end delete

begin insert (o) end insert  According to the American Academy of Pediatrics, “[t]he
largest nonhuman use of antimicrobial agents is in food-producing
animal production, and most of this is in healthy animals to increase
growth or prevent diseases. Evidence now exists that these uses
of antimicrobial agents in food-producing animals have a direct
negative impact on human health and multiple impacts on the
selection and dissemination of resistance genes in animals and the
environment. Children are at increased risk of acquiring many of
these infections with resistant bacteria and are at great risk of
severe complications if they become infected.”

begin delete

(o)

end delete

begin insert (p) end insert  Many scientific studies confirm that the nontherapeutic use
of antibiotics in food-producing animals contributes to the
development of antibiotic-resistant bacterial infections in people.

begin insert

(q) The spread of antibiotic-resistant bacteria poses a risk to
the health of Californians and reduced use of antibiotics for
livestock production is likely to reduce the risks of the rise and
spread of antibiotic-resistant bacteria through food and other
pathways, thus reducing the risk to Californians.

end insert

begin delete

SEC. 2.  

Section 14200 of the Food and Agricultural Code is
amended to read:

14200.  

(a) The Legislature hereby declares that this chapter,
which prescribes the distribution and use of livestock drugs, is
intended to assure that the drugs are available to livestock
producers for their use in protecting the health of the livestock
population of the state, and that the use will in turn benefit the
general public by providing an abundant supply of wholesome
food and fiber.

(b) It is further declared that nothing in this chapter is intended
to prevent a livestock producer from administering livestock drugs
safely and effectively when the use is in accordance with the
labeling directions for the drug used and when the use protects
public health.

SEC. 3.  

Section 14203 of the Food and Agricultural Code is
amended to read:

14203.  

(a) “Restricted drug” means either of the following:

(1) A livestock drug which is sold in a form that it might be
administered to a person and, if so administered, would be
dangerous to the health of the person.

(2) A livestock drug that if improperly administered, as defined
in Section 14203.5, to livestock, is dangerous to the health of the
livestock or to persons who consume products from the livestock.

(3) A livestock drug that is recognized by either the federal
Centers for Disease Control and Prevention or the World Health
Organization to increase the prevalence of antibiotic-resistant
bacteria.

(b) Restricted drugs include all of the following:

(1) Arsenic compounds and preparations.

(2) Diethylstilbestrol and other substances which have a
hormonelike action.

(3) Sulfanilamide or substitute sulfanilamides.

(4) Antibiotic preparations.

(5) A drug from an antimicrobial class that is listed as “highly
important,” “critically important,” or “important” by the World
Health Organization’s “Critically Important Antimicrobial for
Human Medicine,” as updated by the World Health Organization,
or its successor publication, unless the drug is used for therapeutic
use, as defined in Section 14220.

(6) Other drugs and their preparations that the director
determines are hazardous to the health of livestock or the public
safety.

SEC. 4.  

Section 14203.5 is added to the Food and Agricultural
Code, to read:

14203.5.  

“Improperly administered” means either of the
following:

(a) Administration of a medically important antimicrobial to a
food-producing animal through either feed or water, or for purposes
of poultry hatcheries through any means, for purposes other than
therapeutic use, such as growth promotion, feed efficiency, weight
gain, disease prevention, or nonroutine disease control.

(b) A repeated or regular pattern of administration of a medically
important antimicrobial in food-producing animals for purposes
other than therapeutic use or nonroutine disease control.

SEC. 5.  

Section 14207.3 is added to the Food and Agricultural
Code, to read:

14207.3.  

“Medically important antimicrobial” means a drug
that is both of the following:

(a) Intended for use in food-producing animals.

(b) Composed wholly or partly of either of the following:

(1) Any kind of penicillin, tetracycline, macrolide, lincosamide,
streptogramin, aminoglycoside, sulfonamide, or cephalosporin.

(2) A drug from an antimicrobial class that is listed as either
“highly important,” “critically important,” or “important” by the
World Health Organization’s “Critically Important Antimicrobial
for Human Medicine,” as updated by the World Health
Organization, or its successor publication.

SEC. 6.  

Section 14207.5 is added to the Food and Agricultural
Code, to read:

14207.5.  

“Noncustomary situation” means a situation that does
not include normal or standard practices and conditions on the
premises that facilitate the transmission of disease.

SEC. 7.  

Section 14207.7 is added to the Food and Agricultural
Code, to read:

14207.7.  

“Nonroutine disease control” means the use of
antimicrobials in the feed or water of a food-producing animal that
is not sick, and where a particular disease or infection is, or is
likely to be, present on the premises because of a specific,
noncustomary situation.

  

SEC. 8.  

Section 14220 is added to the Food and Agricultural
Code, to read:

14220.  

“Therapeutic use,” with respect to a medically important
antimicrobial, means the use of the antimicrobial for the specific
purpose of treating an animal with a documented disease or
infection. Therapeutic use does not include the continued use of
the antimicrobial in the animal after the disease or infection has
been resolved.

SEC. 9.  

Section 14289 of the Food and Agricultural Code is
amended to read:

14289.  

If the livestock drug is a restricted drug, the director
shall also refuse registration if he or she finds that the instructions
for use do not contain adequate and satisfactory directions as to
the methods of handling, caring for, holding, or otherwise
managing the livestock to which the drug is administered so as to
eliminate any danger to the health of any person who might
consume food products that are derived from that livestock or if
he or she finds that the restricted drug poses a risk to public health
by increasing the prevalence of antibiotic-resistant bacteria.

SEC. 10.  

Section 14297 is added to the Food and Agricultural
Code, to read:

14297.  

The director may revoke the registration of a medically
important antimicrobial for use in livestock if he or she finds that
the drug as used poses a risk to the public health by increasing the
prevalence of antibiotic-resistant bacteria.

SEC. 11.  

Article 5.5 (commencing with Section 14335) is
added to Chapter 4 of Division 7 of the Food and Agricultural
Code, to read:

 

Article 5.5.  Use of Medically Important Antimicrobials

 

14335.  

(a) A person who administers or causes to be
administered a medically important antimicrobial to a
food-producing animal shall have a valid veterinarian-client-patient
relationship with a veterinarian to ensure that the medically
important antimicrobial is used in a manner that is consistent with
professionally accepted best practices.

(b) For purposes of this section, “veterinarian-client-patient
relationship” means a relationship in which all of the following
are met:

(1) The veterinarian has assumed the responsibility for making
medical judgments regarding the health of the animal-patient, and
the client has agreed to follow the veterinarian’s instructions.

(2) The veterinarian has sufficient knowledge of the
animal-patient to initiate at least a general or preliminary diagnosis
of the medical condition of the animal-patient.

(3) The veterinarian is readily available for follow-up evaluation,
or has arranged for veterinary emergency coverage, and continuing
care and treatment.

(4) The veterinarian provides oversight of treatment, compliance,
and outcome of the administration of the medically important
antimicrobial.

(5) Animal-patient records are maintained.

(c) For purposes of this section, “sufficient knowledge” means
the veterinarian is personally acquainted with the keeping and care
of the animal-patient by virtue of either of the following:

(1) A timely examination of the animal-patient by the
veterinarian.

(2) Medically appropriate and timely visits by the veterinarian
to the premises where the animal-patient is kept.

14336.  

(a) If a livestock producer administers or causes to be
administered a medically important antimicrobial to a
food-producing animal, the producer, or the contracted entity, shall
annually report to the director the following information on a
schedule and in a format specified by the director:

(1) The total number of food-producing animals given a
medically important antimicrobial in their feed.

(2) The type of medically important antimicrobial administered.

(3) The total amount of each medically important antimicrobial
used.

(4) The target food-producing animal species that were
administered the medically important antimicrobial.

(5) The length of time over which the medically important
antimicrobial was intended to be provided to the food-producing
animals and the dose of the active medically important
antimicrobial ingredient the food-producing animals were intended
to receive.

(6) The purpose for administering the medically important
antimicrobial to a food-producing animal. The purpose shall be
categorized in a manner determined by the director and shall
include, at a minimum, the following categories:

(A) Growth promotion.

(B) Disease prevention.

(C) Disease control.

(D) Disease treatment.

(7) The type of disease or infection to be treated by the medically
important antimicrobial, if applicable.

(8) The name of the processor, as defined in Section 20019,
where the livestock product will be processed.

(b) On or before December 31, 2017, the department shall
develop and make operational a consumer-friendly, publicly
accessible Internet Web site that creates a database of the
information collected pursuant to this section. The database shall
be searchable and able to accommodate a wide range of users,
including users with limited technical and scientific literacy. The
Internet Web site shall be designed to be easily navigable and to
enable users to compare and contrast livestock producers and the
reported usage of medically important antimicrobials.

SEC. 12.  

Article 5.6 (commencing with Section 14340) is
added to Chapter 4 of Division 7 of the Food and Agricultural
Code, to read:

 

Article 5.6.  Nontherapeutic Use of Medically Important
Antimicrobials

 

14340.  

This article shall apply to the nontherapeutic use in a
food-producing animal of a drug that is a medically important
antimicrobial and is either of the following:

(a) A registered drug.

(b) A drug exempted under Article 3 (commencing with Section
14261).

14341.  

The registration or exemption of a drug subject to this
article shall be ineffective on and after January 1, 2017, unless the
director makes a final written determination that there is, with
reasonable certainty, no harm to human health due to the
development of antimicrobial resistance that is attributable in whole
or in part to the nontherapeutic use of the drug, based on one of
the following:

(a) The holder of the registration or exemption has demonstrated
this fact.

(b) A risk analysis of the drug, taking into consideration other
relevant information, conducted by the director.

SEC. 13.  

Section 14366 is added to the Food and Agricultural
Code, to read:

14366.  

It is unlawful to administer, including through means
of feed, a medically important antimicrobial to a food-producing
animal for nonroutine disease control, unless either of the following
apply:

(a) The director determines, with reasonable certainty, that there
is no harm to human health due to the development of
antibiotic-resistant bacteria that is attributable in whole or in part
to the use of the medically important antimicrobial and the use
does not threaten public health.

(b) All of the following conditions are met:

(1) There is a significant risk that a disease or infection that is
present on, or is likely to be present on, the premises will be
transmitted to the food-producing animal.

(2) The administration of the medically important antimicrobial
to the food-producing animal is necessary to prevent or reduce the
risk of transmission of the disease or infection.

(3) The medically important antimicrobial is administered to
the food-producing animal for the shortest duration possible to
prevent or reduce the risk of transmission of the disease or
infection.

(4) The medically important antimicrobial is administered to
the fewest food-producing animals possible in order to prevent or
reduce the risk of transmission of the disease or infection.

SEC. 14.  

Section 14381 of the Food and Agricultural Code is
amended to read:

14381.  

(a) Except as provided for in subdivision (b), a
violation of this chapter or of any regulation that is adopted by the
director pursuant to this chapter is an infraction punishable by a
fine of not more than five hundred dollars ($500) for the first
violation. A second or subsequent violation of this chapter is a
misdemeanor punishable by a fine of not less than one hundred
dollars ($100) and not more than one thousand dollars ($1,000).

(b) A violation of the reporting requirement in Section 14336
or of any regulation that is adopted by the director pursuant to that
section is an infraction punishable by a fine of one hundred dollars
($100) for the first violation. A second or subsequent violation is
an infraction punishable by a fine of not less than two hundred
dollars ($200) and not more than one thousand dollars ($1,000).

SEC. 15.  

This act shall become operative on January 1, 2017.

SEC. 16.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 4.6 (commencing with Section 19060) is added
to Part 3 of Division 9 of the end insert begin insert Food and Agricultural Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4.6. end insert Medically Important Antimicrobials in
Meat and Poultry

 

Article begin insert 1. end insert   Definitions

 

begin insert 19060. end insert   

“Department” means the Department of Food and
Agriculture.

begin insert 19061. end insert   

“Director” means the Director of Food and Agriculture.

begin insert 19062. end insert   

“Exempt producer” means an owner of livestock or
poultry that raises less than 250 animals per year or 10,000 birds
per year.

begin insert 19063. end insert   

(a) “Medically important antimicrobial” means a drug
that is both of the following:

(1) Intended for use in food-producing animals.

(2) Composed wholly or partly of a drug from an antimicrobial
class that is listed as either “highly important,” “critically
important,” or “important” by the United States Food and Drug
Administration’s Guidance for Industry #152, Appendix A, as
updated by the United States Food and Drug Administration, or
its successor publication.

(b) Medically important antimicrobial includes, but is not limited
to, penicillin, tetracycline, macrolide, lincosamide, streptogramin,
aminoglycoside, sulfonamide, or cephalosporin.

begin insert 19064. end insert   

“Noncustomary situation” means a situation that does
not include normal or standard practices and conditions on the
premises that facilitates the transmission of disease.

begin insert 19065. end insert   

“Nonroutine disease control” means the use of
antimicrobials in the feed or water of a food-producing animal
that is not sick, and where a particular disease or infection is, or
is likely to be, present on the premises because of a specific,
noncustomary situation.

begin insert 19066. end insert   

“Nontherapeutic use” means either of the following:

(a) The one-time administration of a medically important
antimicrobial to a food-producing animal through feed or water,
or, for purposes of poultry hatcheries, through any means, for
purposes such as growth promotion, feed efficiency, weight gain,
or disease prevention, other than therapeutic use or nonroutine
disease control.

(b) Any repeated or regular pattern of administration of a
medically important antimicrobial to food-producing animals for
purposes other than therapeutic use or nonroutine disease control.

begin insert 19067. end insert   

“Therapeutic use,” with respect to a medically
important antimicrobial, means use for the specific purpose of
treating an animal with a documented disease or infection.
Therapeutic use does not include the continued use after the disease
or infection has been resolved.

 

Article begin insert 2. end insert   General Provisions

 

begin insert 19070. end insert   

(a) (1) A livestock or poultry product sold in California
shall not be constituted wholly or in part of livestock or poultry
that was administered a medically important antimicrobial for a
nontherapeutic use.

(2) A meat or poultry product that is not constituted wholly or
in part of livestock or poultry that was administered a medically
important antimicrobial for nontherapeutic use may be marketed
with the claim, “Raised with minimal antibiotics under California
law.”

(b) This section shall be implemented according to schedule
adopted by the department as provided in Section 19074, and shall
apply to all livestock and poultry products sold in California on
and after January 1, 2020.

begin insert 19071. end insert   

(a) (1) A livestock or poultry product sold in California
shall not be constituted wholly or in part of livestock or poultry
that was administered a medically important antimicrobial for
nonroutine disease control unless all of the following conditions
are met:

(A) There was a significant risk that a disease or infection that
was present on, or was likely to be present on, the premises would
be transmitted to the food-producing animal.

(B) The administration of the medically important antimicrobial
to the food-producing animal was necessary to prevent or reduce
the risk of transmission of the disease or infection.

(C) The medically important antimicrobial was administered
to the food-producing animal for the shortest duration possible to
prevent or reduce the risk of transmission of the disease or
infection.

(D) The medically important antimicrobial was administered
to the fewest food-producing animals possible in order to prevent
or reduce the risk of transmission of the disease or infection.

(2) A producer, other than exempt producer, shall maintain
records, including prescriptions or veterinary feed directives,
documenting the use and reasons for the use of antibiotics for
nonroutine disease control. The records shall be kept for five years.

(b) This section shall be implemented according to schedule
adopted by the department as provided in Section 19074, and shall
apply to all livestock and poultry products sold in California on
and after January 1, 2020.

begin insert 19072. end insert   

(a) A livestock or poultry product shall not be sold in
California unless the livestock or poultry product is constituted of
livestock or poultry that was slaughtered at a slaughter facility
that is registered with the department and that annually reports
all of the information specified in Section 19080.

(b) This section shall be implemented according to schedule
adopted by the department as provided in Section 19074, and shall
apply to all livestock and poultry products sold in California on
and after January 1, 2020.

begin insert 19073. end insert   

(a) A medically important antimicrobial shall not be
administered to a food-producing animal unless both of the
following conditions are met:

(1) The administration of the medically important antimicrobial
is for a therapeutic use.

(2) The medically important antimicrobial is administered by,
or caused to be administered by, a veterinarian, licensed pursuant
to Chapter 11 (commencing with Section 4800) of Division 2 of
the Business and Professions Code, as part of a valid
veterinarian-client-patient relationship in accordance with Sections
2032.1 and 2032.15 of Title 16 of the California Code of
Regulations, as those sections existed on January 1, 2015.

(b) As provided in Section 19074, this section shall become
operative on January 1, 2020.

begin insert 19074. end insert   

The department shall by regulation establish a schedule
to phase in implementation of the requirements imposed by this
article. Those requirements shall be fully implemented on or before
January 1, 2020.

 

Article begin insert 3. end insert   Reporting Requirements

 

begin insert 19080. end insert   

(a) A slaughter facility shall annually report to the
director all of the following information, according to the target
food-producing animal species and production class of the
food-producing animal, on a schedule and in the format specified
by the director:

(1) The total number of food-producing animals given a
medically important antimicrobial in their feed or water, or, for
purposes of poultry hatcheries, through any means.

(2) The type of medically important antimicrobial administered.

(3) The total amount of each medically important antimicrobial
used.

(4) The total number of days over which the medically important
antimicrobial was intended to be provided to the food-producing
animals and the dosage of the active medically important
antimicrobial given to the food-producing animals. The dosage
shall be listed by the total milligrams of antibiotic used per animal
per day or the total milliliters of the antibiotic solution used per
animal per day and label concentration.

(5) Whether the purpose for administering the medically
important antimicrobial was for therapeutic or nontherapeutic
use. The purpose shall be categorized in a manner determined by
the director and shall include, at a minimum, the following
categories:

(A) Growth promotion.

(B) Disease prevention.

(C) Disease treatment.

(D) Other information that may be deemed necessary or
important by the director, producer, or slaughter facility.

(6) The type of disease or infection to be treated or addressed
by the medically important antimicrobial.

(7) The owners of the livestock or poultry. “Owners of the
livestock or poultry” for purposes of this paragraph, means a
person who either has an ownership interest in the animals or
birds or otherwise establishes management and production
standards for the maintenance, care, and raising of the animals
or birds. An ownership interest includes a right or option to
purchase the animals or birds for maintenance, care, or raising.

(8) The owner of the slaughter facility. “Owner of the slaughter
facility” for purposes of this paragraph, means a person who either
has an ownership interest in the facility or otherwise establishes
management and production standards for the facility. An
ownership interest of a slaughter facility includes a right or option
to purchase the animal or poultry to be processed by the slaughter
facility.

(b) The slaughter facility shall not be required to report the
information required under this subdivision for an exempt
producer.

begin insert 19081. end insert   

On or before December 31, 2017, the department shall
develop and make operational a consumer-friendly, publicly
accessible Internet Web site that contains a database of the
information collected pursuant to this article. The database shall
be searchable and able to accommodate a wide range of users,
including users with limited technical and scientific literacy. The
Internet Web site shall be designed to be easily navigable and
enable users to compare and contrast the reported usage of
medically important antimicrobials between animal species and
other parameters. The department may send a copy of this
information to the State Department of Public Health.

 

Article begin insert 4. end insert   Violations

 

begin insert 19090. end insert   

(a) (1) Except as provided in subdivision (b), a
violation of this chapter or of any regulation adopted by the
director pursuant to this chapter is subject to a civil penalty of not
more than five hundred dollars ($500) for the first violation. A
second violation of this chapter is subject to a civil penalty of not
less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000). A third or subsequent violation of this
chapter is subject to a civil penalty of not less than three hundred
dollars ($300) and not more than two thousand dollars ($2,000).
Civil penalties for violations shall be imposed on the owner of the
slaughter facility at which the animals or birds are slaughtered.

(2) An owner of a slaughter facility shall not be subject to a
civil penalty under this subdivision if the owner made a good faith
effort to ensure that livestock or poultry products sold in this state
made from livestock or poultry slaughtered at his or her facility
were in compliance with the provisions of this chapter.

(b) A violation of the reporting requirement in Section 19081
or of any regulation that is adopted by the director pursuant to
that section is subject to a civil penalty of one hundred dollars
($100) for the first violation. A second or subsequent violation is
subject to a civil penalty of not less than two hundred dollars
($200) and not more than one thousand dollars ($1,000). Civil
penalties for violations shall be imposed on the owner of the
slaughter facility.

(c) Moneys collected pursuant to this chapter shall be deposited
into the Department of Food and Agriculture Fund, to be available
to the department upon appropriation for purposes of carrying
out this chapter.

 

Article begin insert 5. end insert   Implementation

 

begin insert 19100. end insert   

The department shall adopt any regulations necessary
to implement the provisions of this chapter, including those
regulations necessary to phase in the requirements of Article 2
(commencing with Section 19070), as provided in Section 19074.

begin insert 19101. end insert   

The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

end insert