Today's Law As Amended


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AB-366 Animals: blood, blood components, and biologics. (2019-2020)



As Amends the Law Today


SECTION 1.

 Article 7 (commencing with Section 4920) is added to Chapter 11 of Division 2 of the Business and Professions Code, to read:

Article  7. Production of Blood, Blood Component Products, and Biologics
4920.
 For the purposes of this article:
(a) “Biologics” has the same meaning as defined in Section 9203 of the Food and Agricultural Code.
(b) “Blood and blood component products” has the same meaning as defined in Section 9204 of the Food and Agricultural Code.
(c) “Canine blood bank” means an establishment that produces canine whole blood and blood component products.
(d) “Donor colony” means a commercial blood bank for animals licensed by the Secretary of Food and Agriculture pursuant to Section 9212 of the Food and Agricultural Code that engages in the production of blood or blood component products for sale and distribution.
(e) “Production” has the same meaning as defined in Section 9206 of the Food and Agricultural Code.
4920.2
 (a) A person may engage in the production of canine blood or blood component products for sale from canines held in captivity as part of a donor colony only until January 1, 2022.
(b) Notwithstanding any law, commencing January 1, 2022, a person shall not engage in the production of canine blood or blood component products for retail sale and distribution unless the person is licensed by the Secretary of Food and Agriculture as a canine blood bank, and both of the following conditions are met:
(1) The canine blood bank collects blood only from a canine whose owner is a member of the public who voluntarily consents to the donation.
(2) The operations are performed under the direct supervision of a licensed veterinarian or board-certified specialist.
(c) To the extent possible, the canine blood bank shall follow the 31st edition of the American Association of Blood Banks’ standards, and the veterinarian or specialist of the canine blood bank shall be responsible for all veterinary and technical policies and procedures that relate to the safety of staff members and donors, including, but not limited to, ensuring that the canine blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood component products.
(d) The canine blood bank shall at all times do all of the following:
(1) Follow the American College of Veterinary Internal Medicine Consensus Statement on blood donor infectious disease screening as published in the Journal of Veterinary Internal Medicine in 2016 or in later published editions.
(2) Ensure that the donor canine:
(A) Is at least one year of age.
(B) Weighs at least 50 pounds.
(C) Possesses a good temperament.
(D) Is current on vaccinations.
(E) Has no prior history of bloodborne illness.
(3) Obtain written consent from the donor’s owner.
(4) Ensure that the licensed veterinarian determines that the production of blood and blood component products is safe and not injurious to the dog’s health.
(5) Ensure that the dog blood and blood component products will not be contaminated, dangerous, or harmful.
(6) Ensure that the production of blood and blood component products or biologics complies with any applicable federal laws and regulations, including Section 151 and following of Title 21 of the United States Code.
(e) A violation of this section shall constitute a cause for discipline by the board pursuant to Section 4875.
4920.3.
 (a) It shall be unlawful for a canine blood bank licensed pursuant to Section 9210 of the Food and Agricultural Code to provide payment to a person for canine blood or blood component products.
(b) For the purposes of this section, “payment” means the transfer by a canine blood bank to a person of money or other valuable consideration that can be converted to money by the recipient. For the purposes of this section, “payment” does not include fees for veterinary tests, screenings, or services that benefit the health of the canine from which the blood or blood component products was taken.
(c) The canine blood bank shall maintain a record of the donations collected, units supplied, any adverse events, and any consumer complaints. This information shall be gathered by the licensed veterinarian and submitted to the board for inclusion in the report required pursuant to Section 9147.7 of the Government Code.
(d) This section shall become operative January 1, 2022.
4920.5.
 (a) An application for a canine blood bank license or canine blood bank license renewal shall be accompanied by a fee, payable to the Secretary of Food and Agriculture, of one thousand dollars ($1,000).
(b) The application and renewal fees for canine blood bank licenses pursuant to subdivision (a) shall be adjusted annually for inflation. The adjustments shall be rounded off to the nearest whole dollar.
(c) This section shall become operative January 1, 2022.

SEC. 2.

 Section 9210 of the Food and Agricultural Code is amended to read:

9210.
 No (a)  A  person shall not  engage in the production of animal blood and blood component products for retail sale and distribution except in a commercial blood bank for animals licensed by the secretary.
(b) Notwithstanding subdivision (a), commencing January 1, 2022, a person shall not engage in the production of canine blood and blood component products for retail sale and distribution except in a canine blood bank licensed by the secretary.
SEC. 3.
 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.