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SB-703 Diseased animals: laboratory services.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
SB703:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 703


Introduced by Senator Hurtado

February 19, 2021


An act to add Article 3.5 (commencing with Section 9151) to Chapter 1 of Part 1 of Division 5 of the Food and Agricultural Code, relating to diseased animals.


LEGISLATIVE COUNSEL'S DIGEST


SB 703, as introduced, Hurtado. Diseased animals: laboratory services.
Existing law requires the Department of Food and Agriculture to periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. Under existing law, the document is known as the List of Reportable Conditions for Animals and Animal Products. Existing law establishes the Department of Food and Agriculture Fund and requires any moneys that are directed by law to be paid into the fund to be expended solely for the enforcement of the law under which the moneys were derived.
This bill would make it unlawful for a person to establish, operate, or maintain a laboratory providing services for the examination, diagnosis, analysis, testing, quantifying, or identification of specified diseases or conditions listed in the List of Reportable Conditions for Animals and Animal Products of poultry or livestock unless the person obtains a certificate from the department authorizing the person to establish, operate, and maintain a laboratory that provides these services. The bill would require the department to prescribe procedures and requirements for certification of these laboratories and to develop regulations to implement these provisions. Before issuing a certificate, the bill would require the department to collect an application or renewal fee from an applicant, which the department would be authorized to adjust to cover its reasonable costs to implement laboratory certification requirements. The bill would authorize a civil penalty against a person who violates these provisions pursuant to an administrative action brought by the department. The bill would require the proceeds of the application and renewal fees and any civil penalty to be deposited into the Department of Food and Agriculture Fund.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 3.5 (commencing with Section 9151) is added to Chapter 1 of Part 1 of Division 5 of the Food and Agricultural Code, to read:
Article  3.5. Laboratory Services

9151.
 For purposes of this article, the following definitions apply:
(a) “Emergency or regulatory condition” includes all diseases or conditions listed as emergency or regulatory conditions in the department’s List of Reportable Conditions for Animals and Animal Products published pursuant to Section 9101.
(b) “Laboratory services” means any of the following:
(1) Providing a residue analysis of animal tissue.
(2) Providing nutrient analysis of animal tissue.
(3) Providing the identification of insects, parasites, bacteria, viruses, prions, or any pathogenic organisms in animal tissue.
(4) Providing any other services compatible with, or incidental to, those laboratory services provided pursuant to Section 9152.
(c) “Poultry” and “livestock” have the same meanings as defined in Sections 9502 and 9503.

9152.
 The department shall do all of the following:
(a) Require certification of laboratories providing services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry or livestock owned or located within the state.
(b) Prescribe procedures and requirements for certification.
(c) Develop and implement regulations necessary to carry out this article.

9153.
 (a) It is unlawful for a person to establish, operate, or maintain a laboratory that provides services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry and livestock unless the person obtains a certificate from the department pursuant to this article authorizing the person to establish, operate, and maintain a laboratory that provides these services.
(b) A person who desires a certificate pursuant to this section shall file an application with the department for a certificate accompanied by the application fee required pursuant to Section 9154.
(c) The application shall be on a form prescribed and furnished by the department.
(d) The department shall issue a certificate to an applicant if the department is satisfied that the applicant is documented and verified to have full accreditation and to be in good standing with the American Association of Veterinary Laboratory Diagnosticians or International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) 17025 current general requirements for the competence of testing and calibration laboratories.
(e) A certificate shall expire one year after the date of issuance. A certificate shall be renewed upon payment of the renewal application fee required pursuant to Section 9154 if the applicant is in compliance with this article and the regulations adopted pursuant to this article.
(f) A certified laboratory shall use an official nationally approved or validated diagnostic test for diseases of regulatory importance. A certified laboratory may request permission from the department to use a nonapproved or nonvalidated test.
(g) A certified laboratory shall report positive and suspect positive test results only to the party who provided the original sample and shall also report the test results as required by Section 9101 or other law.

9154.
 (a) Before issuing a certificate pursuant to Section 9153, the department shall require an applicant for a certificate to pay an application fee.
(b) (1) Before January 1, 2023, the application and renewal fees shall be one thousand dollars ($1,000).
(2) On and after January 1, 2023, the department may adjust the application and renewal fees to cover the department’s reasonable costs to implement laboratory certification requirements.
(c) The fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund.

9155.
 (a) The department may refuse to approve or renew a certificate or may suspend or revoke a certificate if the applicant or certificate holder is not in compliance with this article or regulations adopted pursuant to this article. The department shall notify an applicant or certificate holder of the reasons for the action and shall approve or reinstate the certificate when the laboratory is in compliance.
(b) The department shall review an action taken pursuant to subdivision (a) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.

9156.
 Test results certified by the department are prima facie evidence of the facts stated in the results.

9157.
 (a) Any person who violates this article or regulations adopted pursuant to this article shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each act constituting a violation of this article or regulation adopted pursuant to this article. Civil penalties authorized pursuant to this section shall be imposed administratively by the department.
(b) The Attorney General, upon request of the State Veterinarian, shall petition the Superior Court to impose, assess, and recover the civil penalty imposed pursuant to subdivision (a).
(c) The department shall review an action taken pursuant to subdivision (a) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) The proceeds of any civil penalty collected pursuant to this section shall be deposited into the Department of Food and Agriculture Fund.