Today's Law As Amended


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SB-1115 Commercial blood banks for animals: animal blood donors.(2019-2020)



As Amends the Law Today


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.
 (a) “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.
(b) (1) Subdivision (a) shall become inoperative three years after the date that the department determines that an equivalent supply of blood sold in California from captive closed-colony blood banks for animals during the years 2018 to 2019, inclusive, is being produced over an equivalent time period from community-sourced blood banks for animals.
(2) Upon making the determination described in paragraph (1), the department shall notify the Legislature of that determination pursuant to Section 9795 of the Government Code.
(3) This section shall be repealed on January 1 next following the date that subdivision (a) becomes inoperative pursuant to paragraph (1).

SEC. 3.

 Section 9205 is added to the Food and Agricultural Code, to read:

9205.
 (a) “Commercial blood bank for animals” means an establishment that produces animal blood or blood component products from community-sourced animals to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.
(b) This section shall become operative on the date that subdivision (a) of Section 9205, as amended by Section 2 of Senate Bill 1115 of the 2019–20 Regular Session, becomes inoperative.

SEC. 4.

 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 who is an individual and not a partnership, association, corporation, limited liability company, or an organized group of persons whether incorporated or not.
(b) Brought by its owner to a commercial blood bank for animals to have its blood collected.

SEC. 5.

 Section 9205.7 is added to the Food and Agricultural Code, to read:

9205.7.
 “Indirect supervision” has the same meaning as in Section 2034 of Title 16 of the California Code of Regulations.

SEC. 6.

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

9212.
 (a)  The secretary shall license establishments as captive closed-colony  commercial blood banks for animals that meet all of the following:
(a) (1)  Operate under conditions, and use methods of production, that are consistent with current standards of care and practice for the field of veterinary transfusion medicine to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful.
(b) (2)  Produce animal blood and blood component products under the direct  supervision of a person qualified in the field. either of the following: 
(A) The indirect supervision of a California-licensed veterinarian.
(B) The direct supervision of a qualified person in the field for a captive closed-colony commercial blood bank for animals licensed before January 1, 2019.
(c) (3)  Maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal.
(d) (b)  Keep, (1)   house, or maintain all animal donors within California state boundaries. Subdivision (a) shall become inoperative three years after the date that the department determines that an equivalent supply of blood sold in California from captive closed-colony blood banks for animals during the years 2018 to 2019, inclusive, is being produced over an equivalent time period from community-sourced blood banks for animals. 
(2) Upon making the determination described in paragraph (1), the department shall notify the Legislature of that determination pursuant to Section 9795 of the Government Code.
(3) This section shall be repealed on January 1 next following the date that subdivision (a) becomes inoperative pursuant to paragraph (1).

SEC. 7.

 Section 9212 is added to the Food and Agricultural Code, to read:

9212.
 (a) The secretary shall license establishments as commercial blood banks for animals that meet all of the following:
(1) Operate under conditions, and use methods of production, that are consistent with current standards of care and practice for the field of veterinary transfusion medicine to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful.
(2) Produce animal blood and blood component products under the indirect supervision of a California-licensed veterinarian.
(3) Maintain onsite records containing information documenting how the animal was acquired and any history of blood draws or use of anesthesia on the animal.
(b) This section shall become operative on the date that subdivision (a) of Section 9212, as amended by Section 6 of Senate Bill 1115 of the 2019–20 Regular Session, becomes inoperative.

SEC. 8.

 Section 9213 is added to the Food and Agricultural Code, to read:

9213.
 For the purposes of liability pursuant to this chapter, the production and use of whole blood, plasma, blood products, and blood derivatives for the purposes of injecting or transfusing the same, or any of them, into an animal shall be construed to be, and is declared to be, the rendition of a service by each and every person, firm, or corporation participating therein, and shall not be construed to be, and is declared not to be, a sale of that whole blood or plasma or those blood products or blood derivatives.

SEC. 9.

 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 from a closed-colony blood bank  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 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 oversee the production of animal blood and blood component products.
(c) The type of animal blood and blood component products that shall  to  be produced.
(d) A full description of the building, including its address, facilities, equipment, and apparatus, apparatus  to be used in the production of animal blood and blood component products.
(e) A written protocol, protocol  consistent with current standards of care and practice for the field of veterinary transfusion medicine, medicine  that addresses all of the following:
(1) Maximum length of time for donation by animal donors, or minimum  Minimum  health parameters for animal donors.
(2) Frequency and amount volume  of blood collected from animal blood donors in estimated milliliters based on weight in grams. donors. 
(3) Socialization and exercise programs for captive closed-colony  animal blood  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. schedule. 
(6) Husbandry  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. program for a captive closed-colony commercial blood bank for animals. 
(8) Bloodborne pathogen testing for all canine and feline blood donors in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement 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 the  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. 10.

 Section 9231 of the Food and Agricultural Code is amended to read:

9231.
 The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank  shall be as follows:
(a) The application and annual license fee shall be one thousand dollars ($1,000) for each establishment, which shall be the fee for the fiscal year, or portion thereof, ending June 30 of each year. When an applicant is a city, county, state, or district, or an official thereof, no fee shall be required under this section.
(b) Licenses shall be renewed every year. The annual renewal fee shall be paid on or before the first day of July of each year.
(c) The license application fee and licensee renewal fee under this chapter shall be adjusted annually for inflation. The adjustments shall be rounded off to the nearest whole dollar.
(d) (c)  The department may set inspection fees in an amount that  Fees may be increased by the department but  shall not exceed the department’s reasonable regulatory costs incurred in connection with implementing this chapter. The fees shall include amounts sufficient to repay any amount loaned from the General Fund to establish the program. performing the annual inspection required by Sections 9266 and 9268. 
(d) The fees required by this section may be increased by the secretary but shall not exceed the reasonable regulatory costs of administering this chapter.

SEC. 11.

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

9253.
 (a) 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 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.
(c) 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 informed written consent of the owner of the community-sourced animal and keep a record of that consent.
(2) Ensure that the licensed veterinarian providing indirect supervision determines that the 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) Is current on vaccinations.
(d) A commercial blood bank for animals licensed under this chapter shall maintain a record of the donations collected, the units supplied, any adverse events, and any complaints from owners regarding community-sourced animals that donate blood or blood component products.
(e) A commercial blood bank for animals licensed under this chapter shall annually report to the department all of the following:
(1) The number of donations collected and units supplied from captive closed-colonies during that year.
(2) The number of donations collected and units supplied from community-sourced animals during that year.
(3) The number of animals experiencing adverse events, the number of total adverse events, and the nature of adverse events experienced by animals that donate blood or blood component products from captive closed-colonies during that year.
(4) The number of animals experiencing adverse events and the number of total adverse events experienced by community-sourced animals that donate blood or blood component products, as well as the number and nature of complaints from owners regarding community-sourced animal donors, during that year.
(5) The number of community-sourced animal donors, and the number of captive closed-colony animal donors, whose blood tested positive for known pathogens, in accordance with the most recent consensus statement on blood donor infectious disease screening by the American College of Veterinary Internal Medicine.
(f) A violation of this section shall constitute a cause for corrective action, suspension, restriction, or the revocation of a license by the Veterinary Medical Board over those persons whom are subject to the jurisdiction of the Veterinary Medical Board. The proceedings for an enforcement action pursuant to this subdivision shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(g) A violation of this section shall be subject to a civil penalty of one thousand dollars ($1,000) per violation and shall constitute a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license by the department. The proceedings for an enforcement action pursuant to this subdivision shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall have all the powers granted in that chapter.

SEC. 11.SEC. 12.

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

9269.
 (a) (1) For purposes of this section, “identifying personal information” means the following information pertaining to the owner of an animal donor that is collected for purposes of coordinating, conducting, or documenting a donation from the animal owned by that person and is maintained by the department in relation to this chapter:
(A) Social security number.
(B) Date of birth.
(C) Physical description.
(D) Home address.
(E) Home telephone number.
(F) Statements of personal worth or personal financial data.
(G) Personal medical history.
(H) Employment history.
(I) Electronic mail address.
(J) Information that reveals any electronic network location or identity.
(2) For purposes of this subdivision, a person who owns, operates, maintains, or oversees a commercial blood bank for animals shall not be considered the owner of an animal donor.
(a) (b)  Except as provided in subdivision (b), (c),  the California Public Records Act (Division 10 (Chapter 3.5  (commencing with Section 7920.000) of  6250) of Division 7 of  Title 1 of the Government Code) shall apply to 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.
(b) (c)  (1) Except as provided in subdivisions (c) and (d),  subdivision (d) and notwithstanding subdivision (b),  identifying personal information that is contained in records described in subdivision (a) (b)  shall be confidential and not subject to disclosure under the California Public Records Act (Division 10 (Chapter 3.5  (commencing with Section 7920.000) of  6250) of Division 7 of  Title 1 of the Government Code).
(2) This subdivision does not  Nothing in this section shall  prevent the disclosure by the department of data regarding age, race, ethnicity, national origin, or gender of individuals whose personal information is protected pursuant to this section, so long as the data does not contain  contains no  individually identifiable information.
(c) (d)  Records held by the department relating to this chapter shall be accessible to law enforcement officers and state and local agencies  with jurisdiction over any matter covered by this chapter.
(d) The department shall, upon request, disclose information in records relating to this chapter that is already in the public domain.
(e) (1) For purposes of this section, “identifying personal information” means the following information pertaining to the owner of an animal donor that is collected for purposes of coordinating, conducting, or documenting a donation from the animal owned by that person and is maintained by the department in relation to this chapter:
(A) Social security number.
(B) Date of birth.
(C) Physical description.
(D) Home address.
(E) Statements of personal worth or personal financial data.
(F) Personal medical history.
(G) Employment history.
(H) Email address.
(I) Information that reveals any electronic network location or identity.
(2) For purposes of this subdivision, a person who owns, operates, maintains, or oversees a commercial blood bank for animals shall not be considered the owner of an animal donor.
SEC. 13.
 The Legislature finds and declares that Section 12 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. 14.
 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.
SEC. 15.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow the Department of Food and Agriculture to license community-based commercial blood banks to meet the current animal blood shortage in the state, it is necessary that this act to take effect immediately.