California Senate Bill SB27 Amended / Bill

 BILL NUMBER: SB 27AMENDED 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.