Bill Text: CA SB202 | 2019-2020 | Regular Session | Amended
Bill Title: Animal blood donors.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2020-01-13 - Veto sustained. [SB202 Detail]
Download: California-2019-SB202-Amended.html
Amended
IN
Assembly
September 05, 2019 |
Amended
IN
Assembly
August 12, 2019 |
Amended
IN
Assembly
July 09, 2019 |
Amended
IN
Assembly
June 27, 2019 |
Amended
IN
Senate
May 15, 2019 |
Amended
IN
Senate
April 30, 2019 |
Amended
IN
Senate
April 10, 2019 |
Amended
IN
Senate
March 04, 2019 |
Introduced by Senator Wilk (Coauthors: Senators Caballero and Galgiani) (Coauthor: Assembly Member Lackey) |
January 31, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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.
(a) “Captive closed-colony” means that an animal is kept, housed, or maintained in any way for the purpose of collecting its blood.“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. 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 to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.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 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.SEC. 4.
Section 9205.5 is added to the Food and Agricultural Code, to read:9205.5.
(a) “Community-sourced” means that an animal is both of the following:(a)
(b)
SEC. 4.SEC. 5.
Section 9205.7 is added to the Food and Agricultural Code, to read:9205.7.
(a) “Indirect supervision” has the same meaning as in Section 2034 of Title 16 of the California Code of Regulations.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, 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)Produce animal blood and blood component products under the indirect supervision of either of the following:
(1)A California-licensed veterinarian.
(2)A qualified person in the field for a commercial animal blood bank licensed before January 1, 2018.
(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. 6.
Section 9212 of the Food and Agricultural Code is amended to read:9212.
(a) The secretary shall license establishments as commercial blood banks for animals that meet all of the following:(a)
(b)
(c)
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:SEC. 6.SEC. 8.
Section 9213 is added to the Food and Agricultural Code, to read:9213.
For purposes of liability pursuant to this chapter, the production and use of whole blood, plasma, blood products, and blood derivatives for 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, plasma, blood products, or blood derivatives.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 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
be produced.
(d)A full description of the building, including its address, facilities, equipment, and apparatus to be used in the production of animal blood and blood component products.
(e)A written protocol consistent with current standards of care and practice for the field of veterinary transfusion medicine 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 a captive closed-colony.
(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 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. 9.
Section 9221 of the Food and Agricultural Code is amended to read:9221.
(a) 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)
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(f)
(g)
SEC. 10.
Section 9221 is added to the Food and Agricultural Code, to read:9221.
(a) 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:SEC. 11.
Section 9231 of the Food and Agricultural Code is amended to read:9231.
(a) 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 shall be as follows:(a)
(b)
(c)
(d)