California 2009 2009-2010 Regular Session

California Assembly Bill AB945 Introduced / Bill

Filed 02/26/2009

 BILL NUMBER: AB 945INTRODUCED BILL TEXT INTRODUCED BY Committee on Agriculture (Galgiani (Chair), Tom Berryhill (Vice Chair), Conway, Fuller, Ma, Mendoza, and Yamada) FEBRUARY 26, 2009 An act to amend Section 24002 of the Food and Agricultural Code, relating to equine drugs. LEGISLATIVE COUNSEL'S DIGEST AB 945, as introduced, Committee on Agriculture. Equine drugs. Existing law prohibits, as specified, the showing of a horse at a public horse show, competition, or sale if the horse has been administered a prohibited substance. Existing law exempts from these provisions on the drugging of horses any individual horse show, competition, or sale that is certified by the Secretary of Food and Agriculture, with a 30-day written notice of a public hearing to the advisory committee, if the secretary determines that specified criteria are satisfied. This bill would delete the exemption from the provisions on the drugging of horses applicable to any horse show, competition, or sale certified by the secretary. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 24002 of the Food and Agricultural Code is amended to read: 24002.  (a)     Except as otherwise provided in subdivision (b), the   The  secretary has jurisdiction of all events under this chapter and shall administer and enforce this chapter.  (b) This chapter does not apply to any individual horse show, competition, or sale that is certified by the secretary. The secretary may, after holding a public hearing with a 30-day written notice of the hearing given to the advisory committee established pursuant to Section 24013.5 and as otherwise required by California, certify any horse show, competition, or sale, if the secretary determines all of the following are satisfied:   (1) The sponsoring equine organization or association requests certification in writing.   (2) The event manager of the individual event requests certification of that event in writing at least 30 days prior to the event.   (3) The drug and medication rules of the sponsoring equine organization or association comply with or are more stringent than the intent of this chapter.   (4) The drug and medication usage at the event is monitored in accordance with the sponsoring equine organization or association's drug and medication rules.   (5) Adequate security and identification of test samples are maintained, and analysis of specimens is done by a laboratory that is approved by the secretary.   (6) Actions to be taken and the penalties imposed for violating the rules or regulations of the organization or association as to drug usage are as severe or more severe as those imposed by this chapter for any similar violation.   (7) An effective enforcement procedure is followed to control drug usage at the event.   The certification shall be effective and operate on a one-time basis as to any individual horse show, competition, or sale. The secretary shall withdraw the certification for any horse show, competition, or sale, if the secretary finds that the drug prevention program of the organization or association that requested certification is not satisfactorily accomplishing the intent and objectives of this chapter. The secretary may deny certification to any horse show, competition, or sale to be given by the same organization or association as a horse show, competition, or sale from which certification is withdrawn pursuant to this paragraph. The advisory committee established pursuant to Section 24013.5 may provide a recommendation to the secretary regarding certifications.