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Bill Text
Bill Information
Bill Start
Amended
IN
Senate
June 02, 2009 |
Amended
IN
Senate
May 06, 2009 |
Amended
IN
Senate
April 22, 2009 |
Amended
IN
Senate
April 16, 2009 |
Senate Bill | No. 416 |
Introduced by
Senator
Florez |
February 26, 2009 |
LEGISLATIVE COUNSEL'S DIGEST
(1)The
(2)Existing law authorizes the Secretary of Food and Agriculture, if the secretary determines that an animal raised for the production of any food product is or may be carrying in its body pesticides, poisons, or other deleterious substances, including, among others, antibiotics, which may render any food product from such animal injurious to human health, to order the animal held and segregated until the secretary has determined that the animal may safely be released for human food purposes.
This bill would, commencing January 1, 2015, prohibit a person from using antibiotics for nontherapeutic use in any animal raised for the production of any human food product.
Under existing law, a violation of this provision of the bill would be a crime. Because this bill would create new crimes, the bill would impose a state-mandated local program.
(3)Under existing law, in the purchase of supplies, state and local governments are required to prefer supplies grown, manufactured, or produced in this state.
(4)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would also require state and local governments, when purchasing meat supplies, to prefer meat supplies produced without the use of medically important antibiotics as feed additives. Because this requirement would impose a new duty on local governmental agencies, the bill would impose a state-mandated local program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:SECTION 1.SEC. 2.
Section 49437 is added to the Education Code, to read:49437.
(a) A school district(2)The report of each school district shall be available to the public upon request.
(3)Commencing January 1, 2012, and annually thereafter, the Superintendent shall compile the reports of each school district and report to the Legislature on the feasibility of phasing in a requirement that every school district be prohibited from serving poultry and meat products treated with nontherapeutic antibiotics to pupils. Each report of the Superintendent to the Legislature shall be available to the public upon request.
(c)For purposes of this section, “antibiotic” and “nontherapeutic” have the same meaning as those terms are given in Section 18739 of the Food and Agricultural Code.
(a)Commencing January 1, 2015, no person shall use antibiotics for nontherapeutic use in any animal raised for the production of any human food product.
(b)For purposes of this section, “antibiotic” means any drug intended for use in food-producing animals that is composed wholly or partly of either of the following:
(1)Any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, minoglycoside, or sulfonamide.
(2)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 micro-organisms.
(c)For purposes of this section, “nontherapeutic use,” with respect to antibiotics, means any use of the drug as a feed or water additive for an animal in the absence of any clinical sign of disease in the animal for growth promotion, feed efficiency, weight gain, routine disease prevention, or other routine purpose.
(a)All state and local governmental agency personnel charged with purchasing meat products for human consumption shall always prefer meat supplies produced without the use of medically important antibiotics as feed additives.
(b) For purposes of this section, “antibiotic” has the same meaning as that term is given in Section 18739 of the Food and Agricultural Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.