Bill Text: CA SB27 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Livestock: use of antimicrobial drugs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State. Chapter 758, Statutes of 2015. [SB27 Detail]

Download: California-2015-SB27-Amended.html

---

BILL NUMBER: SB 27	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2015

INTRODUCED BY   Senator Hill

                        DECEMBER 1, 2014

   An act to add Chapter 4.5 (commencing with Section 14400) to
Division 7  of, and to add and repeal Section 14404 of,
  of  the Food and Agricultural Code, relating to
livestock.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 27, as amended, Hill. Livestock: use of  antibiotics.
  antimicrobial drugs. 
   Existing law regulates the distribution and use of livestock
drugs, as defined, by the Secretary of Food and Agriculture. Existing
law also requires a person to obtain a license from the secretary to
manufacture, sell, distribute, or store commercial feed, including
commercial feed containing drugs.
   This bill would  , beginning January 1, 2017,  prohibit
the administration of medically important antimicrobial drugs, as
defined, to livestock unless  prescribed  
ordered  by a veterinarian  through a prescription or
veterinary feed directive  pursuant to a
veterinarian-client-patient relationship, as  specified. The
bill would make it unlawful to administer a   specified,
and would prohibit the administration of a  medically important
antimicrobial drug to livestock solely to cause an increased rate of
weight gain or improved feed efficiency. The  bill 
 bill, subject to the availability of funding for this purpose,
 would  also  require the Department of Food
and Agriculture to develop a program  or participate in an
initiative  to track the use of medically important
antimicrobial drugs in livestock and to track 
antibiotic-resistant   antimicrobial-resistant 
bacteria and patterns of emerging  resistance, and would also
require the department, until March 1, 2020, to submit an annual
report summarizing that data to the Legislature.  
resistance.  The bill would also require the department to adopt
regulations to promote the judicious use of medically important
antimicrobial drugs in livestock, as specified.
   Because a violation of the bill's provisions would be misdemeanor,
the bill would impose a state-mandated local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 4.5 (commencing with Section 14400) is added to
Division 7 of the Food and Agricultural Code, to read:
      CHAPTER 4.5.  LIVESTOCK: USE OF  ANTIBIOTICS 
 ANTIMICROBIAL DRUGS 


   14400.  For purposes of this chapter, the following definitions
apply:
   (a) "Medically important antimicrobial drug" means an
antimicrobial drug listed in Appendix A of the federal Food and Drug
Administration's Guidance for Industry #152, including critically
important, highly important, and important antimicrobial drugs, as
that appendix may be amended.
   (b) "Livestock" has the same meaning as in Section 14205.
   14401.   A   Beginning January 1, 2017, a
   medically important antimicrobial drug shall not be
administered to livestock unless  prescribed  
ordered  by a veterinarian  through a prescription or
veterinary feed directive,  pursuant to a
veterinarian-client-patient relationship that meets the requirements
of Section 2032.1 of Title 16 of the California Code of Regulations.

   14402.  It is unlawful to administer a medically important
antimicrobial drug to livestock solely to cause an increased rate of
weight gain or improved feed efficiency.  
   14402.  (a) Beginning January 1, 2017, a medically important
antimicrobial drug may be used when, in the professional judgment of
a licensed veterinarian, the medically important antimicrobial drug
is necessary for any of the following:
   (1) To treat or control the spread of a disease or infection.
   (2) In relation to surgery or a medical procedure.
   (3) To prevent the transmission of a particular disease or
infection known to occur in a specific situation.
   (b) A person shall not administer a medically important
antimicrobial drug to livestock for purposes of promoting weight gain
or improving feed efficiency.
   (c) Unless the administration is consistent with subdivision (a),
a person shall not administer a medically important antimicrobial
drug in a repeated or regular pattern. 
   14403.   The   If funds are made available
for this purpose, the    department shall develop a
program  or participate in an initiative  to track the use
of medically important antimicrobial drugs in livestock and to track
 antibiotic-resistant   antimicrobial-resistant
 bacteria and patterns of emerging resistance.  The
program shall include reporting on the administration of each
medically important antimicrobial drug that includes all of the
following:  
   (a) The type of drug used.  
   (b) The number of livestock on which the drug was used. 

   (c) The species of the livestock.  
   (d) The duration of the administration of the drug. 

   (e) The purpose for which the drug was administered. 

   (f) The type of disease or infection that was treated. 

   14404.  (a) On or before March 1 of each year, the department
shall submit a report to the Legislature that summarizes the data
collected pursuant to Section 14403 for the prior year.
   (b) (1) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
   (2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on March 1, 2020. 
    14405.   14404.   (a) The department
shall adopt regulations to promote the judicious use of medically
important antimicrobial drugs in livestock to ensure that each animal
gets the maximum benefit from the drug and help preserve the
lifesaving potential of the drugs in the future. The regulations
shall include  antibiotic   antimicrobial 
stewardship guidelines that include rules on the proper use of
medically important antimicrobial drugs for disease prevention.
   (b) For purposes of this section,  "antibiotic 
 "antimicrobial  stewardship" is a commitment to do 
both   all  of the following:
   (1) To use medically important antimicrobial drugs only when
necessary to treat,  control,  and, in some cases, prevent,
disease.
   (2) To choose the appropriate medically important antimicrobial
drug, and to administer the drug correctly each time. 
   (3) To use medically important antimicrobial drugs for the
shortest duration necessary and administered to the fewest animals
necessary.  
   14406.  A violation of the provisions of this chapter is a
misdemeanor punishable by imprisonment in county jail not exceeding
six months, a fine not exceeding one thousand dollars ($1,000), or by
both the fine and imprisonment. 
  SEC. 2.  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.