Bill Text: CA SB562 | 2009-2010 | Regular Session | Amended

California Senate Bill 562 (Prior Session Legislation)

Bill Title: Human food product: nontherapeutic antibiotics.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-07-01 - Set, first hearing. Hearing canceled at the request of author. [SB562 Detail]

Download: California-2009-SB562-Amended.html

BILL NUMBER: SB 562	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 27, 2009

   An act to  amend   add  Section 
48001 of   18739 to  the Food and Agricultural
Code, relating to  animal  agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 562, as amended, Florez.  Citrus fruit crop: California
Citrus Advisory Committee.   Human food product:
nontherapeutic antibiotics.  
   The Secretary of the Food and Agriculture has the responsibility
of ensuring that food products are not adulterated and that they are
capable of use as human food. The secretary is required to ensure
that the food products are properly inspected and labeled. A
violation of any of these provisions is a crime, punishable as
specified.  
   This bill would provide, in addition, that commencing January 1,
2011, any person who uses antibiotics for a nontherapeutic use in any
animal raised for the production of any human food product made
available commercially shall be required to label the product with a
warning, as specified. By creating a new 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.  
   Existing law provides that there is in the Department of Food and
Agriculture the California Citrus Advisory Committee, comprised as
specified. The committee is required to develop and make
recommendations to the Secretary of Food and Agriculture on all
matters regarding the implementation of certain provisions relating
to citrus, including, among others, procedures for implementing an
inspection program that is to include certain features. 

   This bill would specify that procedures for implementing a citrus
inspection program shall also include development of a communications
program to inform producers and handlers of the requirements of the
inspection program. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18739 is added to the 
 Food and Agricultural Code   , to read:  
   18739.  (a) Commencing January 1, 2011, any person who uses
antibiotics for a nontherapeutic use in any animal raised for the
production of any human food product made available commercially
shall be required to label the product with the following warning,
which shall be prominently displayed on the front of the product
packaging and which shall appear in typeface of no less than 14-point
font:


   WARNING: THIS PRODUCT CONTAINS NONTHERAPEUTIC ANTIBIOTICS


   (b) For purposes of this section, "antibiotic" means any drug
intended for use in food-producing animals that is composed wholly or
partly of either of the following:
   (1) Any kind of penicillin, tetracycline, macrolide, lincosamide,
streptogramin, minoglycoside, or sulfonamide.
   (2) Any other drug or derivative of a drug that is used in humans
or intended for use in humans to treat or prevent disease or
infection caused by microorganisms.
   (c) For purposes of this section, "nontherapeutic use," with
respect to antibiotics, means any use of the drug as a feed or water
additive for an animal in the absence of any clinical sign of disease
in the animal for growth promotion, feed efficiency, weight gain,
routine disease prevention, or other routine purpose. 
   SEC. 2.    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.  
  SECTION 1.    Section 48001 of the Food and
Agricultural Code is amended to read:
   48001.  (a) There is in the department the California Citrus
Advisory Committee.
   (b) The committee shall be comprised as follows:
   (1) Eight producers.
   (A) Five producer members shall be engaged in the production of
navel or Valencia oranges; four of which shall be engaged in the
production of navel or Valencia oranges in the San Joaquin Valley,
and two of the four members shall be engaged in the production of
navel or Valencia oranges in Tulare County.
   (B) Two producer members shall be engaged in the production of
lemons, one of which is engaged in the production of lemons in
Ventura County.
   (C) One of the members shall be engaged in the production of
mandarin citrus.
   (2) Four handlers, which have their principal place of business
located in one of the following counties: Fresno, Kern, Madera,
Orange, Riverside, San Bernardino, Santa Clara, Tulare, or Ventura.
   (A) Two handler members shall be located in the San Joaquin
Valley.
   (B) One handler member shall be engaged in the handling of lemons
in Ventura County.
   (c) The committee shall be appointed by the secretary from
nominations submitted to the secretary by members of the navel
orange, Valencia orange, lemon, and mandarin citrus industries group.

   (d) Committee members may be compensated for reasonable expenses
actually incurred in the performance of their duties, as determined
by the committee and concurred in by the secretary.
   (e) The committee shall meet at the request of the secretary, the
committee chairperson, or upon the request of three committee
members.
   (f) The committee shall appoint a chairperson, one or more vice
chairpersons, and any other officers it deems necessary.
   (g) The committee shall develop and make recommendations to the
secretary on all matters regarding the implementation of this chapter
including:
   (1) Procedures for implementing an inspection program that shall
include, but not be limited to, the following:
   (A) Mandatory hold for inspection prior to shipping, following a
citrus freeze.
   (B) The minimum number of inspections to be conducted, and the
duration of each inspection period.
   (C) The minimum number of samples to be taken.
   (D) Statistical analysis of compliance levels and determination of
an acceptable level of compliance.
   (E) Documentation of inspection data including the number of
inspectors, number of inspections performed, and budget information
relating to expenses of personnel, mileage, and overhead costs.
   (F) Monitoring and postevaluation of program effectiveness by the
secretary.
   (G) Development of a single memorandum of understanding between
the department and all county agricultural commissioners for the
counties specified in subdivision (b).
   (H) Development of a communications program to inform producers
and handlers of the requirements of the inspection program.
   (2) Determinations as to which counties have met the inspection
requirements.
   (3) Procedures for implementing a state crop estimating and
acreage survey.
   (h) The secretary shall accept the recommendations of the
committee if he or she determines that the recommendations are
practicable and in the interest of the industry and the public. The
secretary shall provide the committee within 30 days of receipt of
the recommendations with a written statement of reasons if he or she
does not accept any of the recommendations.