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SB-202 Animal blood donors.(2019-2020)

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Date Published: 05/15/2019 09:00 PM
SB202:v95#DOCUMENT

Amended  IN  Senate  May 15, 2019
Amended  IN  Senate  April 30, 2019
Amended  IN  Senate  April 10, 2019
Amended  IN  Senate  March 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 202


Introduced by Senator Wilk
(Coauthors: Senators Caballero and Galgiani)

January 31, 2019


An act to amend Sections 9205, 9212, 9221, and 9269 of, and to add Sections 9204.5, 9205.5, and 9253 to, the Food and Agricultural Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


SB 202, as amended, Wilk. Animal blood donors.
Existing law prohibits any person from collecting blood from animals, or preparing, testing, processing, storing, or distributing blood or blood component products, as defined, from animals, for retail sale and distribution except in a commercial blood bank for animals that is licensed by the Secretary of Food and Agriculture. Existing law requires a commercial blood bank for animals, as a condition of licensing, to document how the animal donor was acquired and to have a written protocol for, among other things, ongoing veterinary care for animals held in blood donor facilities. Existing law exempts all records held by the Department of Food and Agriculture pursuant to these provisions from disclosure pursuant to the California Public Records Act.
This bill would modify the definition of a commercial blood bank for animals to include establishments that collect blood not only from “captive closed-colony” animals that are kept, housed, or maintained for the purpose of collecting blood, but also “community-sourced” animals, as defined, that are brought by their owners to the commercial blood bank for animals to have their blood collected. The bill would require a commercial blood bank for animals to include, in its written protocol, bloodborne pathogen testing for all canine and feline blood donors, as provided. The bill would prohibit a commercial blood bank for animals from providing payment to a person who brings a community-sourced animal to the commercial blood bank for the purpose of donating that animal’s blood or blood component products, and would impose specified requirements on a commercial blood bank for animals that accepts a donation from a community-sourced animal. The bill would delete the above-described exemption from the California Public Records Act, except for identifying personal information of owners of community-sourced animal donors, as provided.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Under existing law, a violation of certain provisions of the Food and Agricultural Code relating to animals is a crime.
Because a violation of some of the above provisions would be a crime, this 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   Local Program: YES  

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


SECTION 1.

 Section 9204.5 is added to the Food and Agricultural Code, to read:

9204.5.
 “Captive closed-colony” means that an animal is kept, housed, or maintained in any way for the purpose of collecting its blood.

SEC. 2.

 Section 9205 of the Food and Agricultural Code is amended to read:

9205.
 “Commercial blood bank for animals” means an establishment that produces animal blood or blood component products from captive closed-colony or community-sourced animals to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.

SEC. 3.

 Section 9205.5 is added to the Food and Agricultural Code, to read:

9205.5.
 “Community-sourced” means that an animal is both of the following:
(a) Kept, housed, and maintained at the residence of its owner.
(b) Brought by its owner to a commercial blood bank for animals to have its blood collected.

SEC. 4.

 Section 9212 of the Food and Agricultural Code is amended to read:

9212.
 The secretary shall license establishments as commercial blood banks for animals that meet all of the following:
(a) Operate under conditions, and use methods of production, to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful.
(b) Produce animal blood and blood component products under the direct supervision of a licensed veterinarian.
(c) Maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal.

SEC. 5.

 Section 9221 of the Food and Agricultural Code is amended to read:

9221.
 An application for a license for any establishment that produces, or proposes to produce, animal blood and blood component products shall be made on forms issued by the secretary. The application shall contain all of the following:
(a) The name and address of the person who owns the place, property, establishment, or institution in which it is proposed to produce animal blood and blood component products.
(b) The name and address of the person who shall be in charge of oversee the production of animal blood and blood component products.
(c) The type of animal blood and blood component products that shall be produced.
(d) A full description of the building, including its location, address, facilities, equipment, and apparatus to be used in the production of animal blood and blood component products.
(e) A written protocol that addresses all of the following:
(1) Maximum length of time for donation by captive closed-colony animal donors, and minimum health parameters for animal donors.
(2) Frequency and volume of blood collected from animal donors.
(3) Socialization and exercise programs for captive closed-colony animal donors.
(4) Method of identification of each animal, including microchip or tattoo.
(5) Ongoing veterinary care, including an annual physical exam and vaccination schedule for animals held in blood donor facilities.
(6) For captive closed-colony animal donors, husbandry standards for feeding, watering, sanitation, housing, handling, and care in transit, with minimums based on the standards set forth pursuant to the federal Animal Welfare Act (7 U.S.C. Sec. 2131 et seq.) in Part 3 (commencing with Section 3.1) of Subchapter A of Chapter 1 of Title 9 of the Code of Federal Regulations.
(7) Implementation of a permissive adoption program.
(8) Bloodborne pathogen testing for all canine and feline blood donors in accordance with the most recent Consensus Statement on blood donor infectious disease screening by the American College of Veterinary Internal Medicine.
(f) An “oversight letter” identifying the oversight veterinarian who will be responsible for oversight of the facility. The letter shall be from the oversight veterinarian, and shall be maintained on file by the secretary. Oversight veterinarians shall be licensed to practice veterinary medicine in California. In the event of a change of the oversight veterinarian, it is the oversight veterinarian’s responsibility to give notice to the secretary of the termination of the oversight veterinarian within 30 days of the termination date of the oversight veterinarian. An oversight letter from the incoming oversight veterinarian shall be submitted to the secretary within 30 days of the termination date of the prior oversight veterinarian.
(g) Additional information that the secretary finds is necessary for the proper administration and enforcement of this chapter.

SEC. 6.

 Section 9253 is added to the Food and Agricultural Code, to read:

9253.
 (a) (1) A commercial blood bank for animals licensed under this chapter shall not provide payment to a person who brings a community-sourced animal to the commercial blood bank for the purpose of donating that animal’s blood or blood component products.
(2) For purposes of this section, “payment” means the transfer by a commercial blood bank for animals licensed under this chapter to a person of money or other valuable consideration that can be converted to money by the recipient. For purposes of this section, “payment” does not include fees for veterinary tests, screenings, or services that benefit the health of the community-sourced animal from which the blood or blood component products were taken.
(b) A commercial blood bank for animals licensed under this chapter that accepts a donation from a community-sourced animal shall do all of the following:
(1) Obtain the written consent of the owner of the community-sourced animal and keep a record of that consent.
(2) Ensure that the licensed veterinarian providing direct supervision determines that production of blood and blood component products is safe and not injurious to the community-sourced animal’s health, including ensuring that the community-sourced animal is all of the following:
(A) An appropriate age to donate.
(B) A healthy weight to donate.
(C) Has no history of bloodborne illness.
(D) That the community-sourced animal is Is current on vaccinations.
(c) A commercial blood bank for animals licensed under this chapter shall maintain a record of the donations collected, units supplied, any adverse events, and any complaints from owners regarding community-sourced animals that donate blood or blood component products.
(d) A violation of this section shall constitute a cause for discipline by the board.

SEC. 7.

 Section 9269 of the Food and Agricultural Code is amended to read:

9269.
 (a) Except as provided in subdivision (b), all records held by the department relating to this chapter, including, but not limited to, records relating to applications, fees, or inspections required by this chapter, shall be subject to disclosure under the California Public Records Act contained in Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.
(b) Except as provided in subdivision (c), identifying personal information that is contained in records described in subdivision (a) due to a person’s status as the owner of a community-sourced animal donor, including, but not limited to, the person’s name, address, and phone number, shall be confidential and not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(c) Records held by the department relating to this chapter shall be accessible to law enforcement officers with jurisdiction over any matter covered by this chapter.

SEC. 8.

 The Legislature finds and declares that Section 7 of this act, which amends Section 9269 of the Food and Agricultural Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of owners of community-sourced animal donors and encourage their participation in animal blood donation programs, it is necessary to limit the public’s right of access to their personal information.

SEC. 9.

 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.