SB 780: Department of Food and Agriculture: oversight: commercial feed, feed additives, and drugs.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State. Chapter 634, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
Makes the California Department of Food and Agriculture the main state regulator for any commercial feed, feed additive, or FDA‑approved drug fed to livestock, including products that claim environmental or health benefits. It does not limit the State Air Resources Board’s existing authority over air quality matters.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes the Department of Food and Agriculture under the control of the Secretary of Food and Agriculture. Existing law regulates the manufacture, distribution, and labeling of commercial feed and requires the secretary to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law requires the secretary to establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as are reasonably necessary to carry out the purposes of certain provisions regulating commercial feed, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds, as specified.
Existing law requires the department to continue to be the primary regulatory agency over medicated feed, as defined, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements that are imposed on medicated feed suppliers, as provided.
This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock to be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims. The bill would not construe the above-mentioned provision to limit certain authority of the State Air Resources Board.
Existing law establishes the Department of Food and Agriculture under the control of the Secretary of Food and Agriculture. Existing law regulates the manufacture, distribution, and labeling of commercial feed and requires the secretary to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law requires the secretary to establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as are reasonably necessary to carry out the purposes of certain provisions regulating commercial feed, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds, as specified.
Existing law requires the department to continue to be the primary regulatory agency over medicated feed, as defined, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements that are imposed on medicated feed suppliers, as provided.
This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock to be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims. The bill would not construe the above-mentioned provision to limit certain authority of the State Air Resources Board.
Existing law establishes the Department of Food and Agriculture under the control of the Secretary of Food and Agriculture. Existing law regulates the manufacture, distribution, and labeling of commercial feed and requires the secretary to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law requires the secretary to establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures relating to commercial feed, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds.
Existing law requires the department to continue to be the primary regulatory agency over medicated feed, as defined, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements that are imposed on medicated feed suppliers, as provided.
This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed or administered to livestock to be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims. The bill would not construe the above-mentioned provision to limit certain authority of the State Air Resources Board.
Existing law establishes the Department of Food and Agriculture under the control of the Secretary of Food and Agriculture. Existing law regulates the manufacture, distribution, and labeling of commercial feed and requires the secretary to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law requires the secretary to establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures relating to commercial feed, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds.
Existing law requires the department to continue to be the primary regulatory agency over medicated feed, as defined, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements that are imposed on medicated feed suppliers, as provided.
This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed or administered to livestock to be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.
Existing law establishes the Department of Food and Agriculture, under the control of the Secretary of Food and Agriculture, which regulates, among other things, certain animal feedlots, and requires operators of those businesses to be registered with the secretary, as specified. Existing law also establishes the Feed Inspection Advisory Board in state government and generally requires it to serve in an advisory capacity to the secretary with respect to the operation of the law governing commercial feed.This bill would state the intent of the Legislature to enact subsequent legislation requiring the secretary to have the final determination regarding whether a feed additive or ingredient is safe for both livestock and consumers and can be distributed within California.Existing law establishes the Department of Food and Agriculture, under the control of the Secretary of Food and Agriculture, which regulates, among other things, certain animal feedlots, and requires operators of those businesses to be registered with the secretary, as specified. Existing law also establishes the Feed Inspection Advisory Board in state government and generally requires it to serve in an advisory capacity to the secretary with respect to the operation of the law governing commercial feed.
This bill would state the intent of the Legislature to enact subsequent legislation requiring the secretary to have the final determination regarding whether a feed additive or ingredient is safe for both livestock and consumers and can be distributed within California.
(a)Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock shall be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.
(b)Nothing in this section shall be construed to limit the authority of the State Air Resources Board under Section 39730.7 of the Health and Safety Code.
(a)Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock shall be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.
(b)Nothing in this section shall be construed to limit the authority of the State Air Resources Board under Section 39730.7 of the Health and Safety Code.
(a)Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed or administered to livestock shall be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.
(b)Nothing in this section shall be construed to limit the authority of the State Air Resources Board under Section 39730.7 of the Health and Safety Code.
Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed or administered to livestock shall be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.
SECTION 1.It is the intent of the Legislature to enact subsequent legislation requiring the Secretary of Food and Agriculture to have the final determination regarding whether a feed additive or ingredient is safe for both livestock and consumers and can be distributed within this state.It is the intent of the Legislature to enact subsequent legislation requiring the Secretary of Food and Agriculture to have the final determination regarding whether a feed additive or ingredient is safe for both livestock and consumers and can be distributed within this state.
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State. Chapter 634, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 15, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2023 | Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2592.) Ordered to engrossing and enrolling. |
| Aug 17, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 17, 2023 | Read third time. Passed. (Ayes 75. Noes 0. Page 2743.) Ordered to the Senate. |
| Jul 13, 2023 | Read second time. Ordered to consent calendar. |
| Jul 12, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (July 12). |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 15, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI. |
| May 11, 2023 | Referred to Com. on AGRI. |
| May 4, 2023 | In Assembly. Read first time. Held at Desk. |
| May 4, 2023 | Read third time. Passed. (Ayes 37. Noes 0. Page 1004.) Ordered to the Assembly. |
| May 2, 2023 | Read second time. Ordered to consent calendar. |
| May 1, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 21, 2023 | Set for hearing May 1. |
| Apr 18, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 3. Noes 0. Page 768.) (April 18). Re-referred to Com. on APPR. |
| Apr 3, 2023 | Set for hearing April 18. |
| Mar 29, 2023 | Re-referred to Com. on AGRI. |
| Mar 21, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 1, 2023 | Referred to Com. on RLS. |
| Feb 21, 2023 | From printer. May be acted upon on or after March 20. |
| Feb 17, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2023 | Unfinished Business SB780 Alvarado-Gil Concurrence | Senate Floor |
Passed |
|
| Aug 17, 2023 | SB 780 Alvarado-Gil Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jul 12, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Agriculture |
Passed |
|
| May 4, 2023 | Consent Calendar SB780 Alvarado-Gil | Senate Floor |
Passed |
|
| Apr 18, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Egg Farmers | ** Support | |
| California Cattlemen'S Association | ** Support | |
| California Farm Bureau | ** Support | |
| California Grain & Feed Association | ** Support | |
| Pacific Egg & Poultry Association | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 780 |
UNFINISHED BUSINESS
Bill No: SB 780
Author: Alvarado-Gil (D)
Amended: 6/15/23
Vote: 21
SENATE AGRICULTURE COMMITTEE: 3-0, 4/18/23
AYES: McGuire, Grove, Alvarado-Gil
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 37-0, 5/4/23 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Blakespear, Gonzalez, Limón
ASSEMBLY FLOOR: 75-0, 8/17/23 (Consent) - See last page for vote
SUBJECT: Department of Food and Agriculture: oversight: commercial feed, feed additives, and drugs
SOURCE: Author
DIGEST:
This bill establishes the California Department of Food and Agriculture (CDFA) as the primary regulatory agency to oversee any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration (FDA) fed to livestock.
Assembly Amendments
remove the term “or administered” to clarify the CDFA will oversee any commercial feed, feed additive, or drug approved by the FDA that is fed to livestock. The amendments also clarify the State Air Resources Board’s authority, in relation to dairy and livestock methane emissions reduction, is not affected by this legislation.
ANALYSIS:
Existing law:
- Designates the CDFA to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. The department shall also have primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight. (Food and Agricultural Code Section 14902.5)
- Defines “Commercial feed” to include all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed for feeding to domestic pets, such as dogs, cats, and birds. (Food and Agricultural Code Section 14925)
- Establishes the Commercial Feed Regulatory Program under the CDFA. The Commercial Feed Regulatory Program, along with the feed manufacturing industry, ensures a clean and wholesome supply of milk and meat, as well as, provides assurance that the product received by the consumer is the quality and quantity purported by the manufacturer. This program is funded through the collection of a licensing fee and inspection fee based on tonnage sold.
- Establishes the Feed Inspection Advisory Board under the CDFA to advise the Secretary and make recommendations on all matters pertaining to the inspection and enforcement, budget, services, and regulations required under the Commercial Feed Regulatory Program. (Food and Agricultural Code Sections 14971-14979)
This bill requires any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock to be under the oversight of the CDFA as the primary state regulatory agency, including, but not limited to, products that make environmental health claims.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, there will be ongoing annual costs of approximately $47,000 (special fund) to the CDFA for one-half of a position to assist with data management, verification of safety for any relevant products that make environmental claims, and outreach and education pertaining to the CDFA’s explicit oversight of these products.
SUPPORT: (Verified 8/17/23)
Association of California Egg Farmers
California Cattlemen's Association
California Farm Bureau
California Grain & Feed Association
Pacific Egg & Poultry Association
OPPOSITION: (Verified 8/17/23)
None received
ARGUMENTS IN SUPPORT: According to the author:
“California has the nation’s largest dairy industry providing thousands of agricultural production and dairy processing jobs, a strong poultry and egg production industry and a very viable beef cattle and beef feeding industry. We also have an impressive scientific and biotech communities that are developing solutions to many of California’s most challenging problems. As the state strives to reduce emissions from various sources, feed additives have shown great promise in reducing enteric emissions from livestock. Research continues into other additives that may address other environmental claims as well.
“SB 780 will clarify and codify CDFA’s authority to regulate feed additives that make environmental claims. As various governmental entities review the science and emission profiles of feed additives, it is important to codify CDFA as the primary regulator of the additives that make environmental claims, just as they have the authority on other additives. CDFA can use their existing program and expertise to ensure animal safety, proper regulation within the distribution system and to make sure that these additives are handled properly and are safe for the animals.”
ASSEMBLY FLOOR: 75-0, 8/17/23
AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Aguiar-Curry, Juan Carrillo, Essayli, Waldron, Weber
Prepared by: Reichel Everhart / AGRI. /(916) 651-1508
8/18/23 11:42:59
**** END ****
Date of Hearing: July 12, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 780
Author:(Alvarado-Gil) – As Amended Ver:June 15, 2023
Policy Committee: | Agriculture | Vote: | 10 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration (FDA) that is fed to livestock, including products that make environmental and health claims, to be under the oversight of the California Department of Food and Agriculture (CDFA) as the primary state regulatory agency,. This bill also clarifies that nothing in this bill shall be construed to limit the authority of the Air Resources Board (ARB) related to dairy and livestock methane emissions reduction.
FISCAL EFFECT:
Ongoing annual costs of approximately $47,000 (special fund) to CDFA for one-half of a position to assist with data management, verification of safety for any relevant products that make environmental claims, and outreach and education pertaining to CDFA’s explicit oversight of these products.
COMMENTS:
1) Purpose. According to the author:
As the state strives to reduce emissions from various sources, feed additives have shown great promise in reducing enteric emissions from livestock. Research continues into other additives that may address other environmental claims as well. SB 780 will clarify and codify CDFA’s authority to regulate feed additives that make environmental claims. As various governmental entities review the science and emission profiles of feed additives, it is important to codify CDFA as the primary regulator of the additives that make environmental claims, just as they have the authority on other additives. CDFA can use their existing program and expertise to ensure animal safety, proper regulation within the distribution system and to make sure that these additives are handled properly and are safe for the animals.
2) Background. As part of CDFA’s Commercial Feed Regulatory Program, inspectors and investigators located throughout the state conduct routine sampling and quality assurance inspections of feed manufacturing facilities, respond to consumer complaints, and enforce laws and regulations that govern the safe manufacturing and distribution of livestock feed. This program is funded through the collection of licensing and tonnage fees.
Current law requires a person to obtain an annual license from CDFA for each location where commercial feed is manufactured, distributed, sold, or stored for later sale. The current annual licensing fee is $500. In addition, any person who distributes commercial feed to a consumer-buyer in the state is required to pay an inspection tonnage tax on commercial feed sold, except as specified. The inspection tonnage tax is currently 10 cents per ton and is due on a quarterly basis. Reduced licensing fees and inspection tonnage tax rates are available for eligible entities.
This bill is supported by the California Grain and Feed Association, the California Farm Bureau, the Association of California Egg Farmers, the Pacific Egg and Poultry Association, and the California Cattlemen’s Association. According to the coalition:
[CDFA] is authorized to regulate feed additives for feed safety and “medicated” feed, as defined. However, there is no express statutory authority over feed additives that make an environmental claim. This measure provides that express authority and codifies that CDFA is the primary regulatory agency over commercial feed and additives that make environmental or health claims. Feed additives offer great promise to address environmental and health issues for California’s livestock producers and to meet emerging standards. California's poultry, livestock and dairy industries utilize vast amounts of diverse commodities and feed additives. Codifying that CDFA is the primary regulatory agency over commercial feed and additives that make environmental or health claims aligns the department with the statewide goals, ensures safety of the animals and will provide feed providers and consumers with appropriate regulatory oversight.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: June 21, 2023
ASSEMBLY COMMITTEE ON AGRICULTURE
Robert Rivas, Chair
SBPCA Bill Id:SB 780
Author:(Alvarado-Gil) – As Amended Ver:March 21, 2023
SENATE VOTE: 37-0
SUBJECT: Department of Food and Agriculture: oversight: commercial feed, feed additives, and drugs
SUMMARY: This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock to be under the oversight of the California Department of Food and Agriculture (CDFA) as the primary state regulatory agency, including, but not limited to, products that make environmental health claims. Clarifies that this section does not limit the authority of the State Air Resources Board related to dairy and livestock methane reduction policies.
EXISTING LAW:
- Designates CDFA to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. The department shall also have primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight. Food and Agricultural Code (FAC) 14902.5
- Defines “Commercial feed” to include all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed for feeding to domestic pets, such as dogs, cats, and birds. FAC 14925
- Establishes the Commercial Feed Regulatory Program (CFRP) under CDFA. The Commercial Feed Regulatory Program, along with the feed manufacturing industry, ensures a clean and wholesome supply of milk and meat, as well as, providing assurance that the product received by the consumer is the quality and quantity purported by the manufacturer. This program is funded through the collection of a licensing fee and inspection fee based on tonnage sold. FAC 14903
- Establishes the Feed Inspection Advisory Board (FIAB) under CDFA to advise the Secretary and make recommendations on all matters pertaining to the inspection and enforcement, budget, services, and regulations required under the Commercial Feed Regulatory Program. FAC 14971-14979
- Defines “Commercial feed” to include all materials intended for use as feed or for mixing in feed of commercial livestock including all feed ingredients such as processed grains, by-products, hay cubes or pellets, oil meals, fats and oils, almond hulls, whole cottonseed, minerals and vitamins, as well as, formula feed, supplements, and complete feeds. FAC 14925
Existing federal law:
- Establishes the Food Safety Modernization Act (FSMA). FSMA aims to ensure the U.S. food supply is safe by shifting the focus to preventing contamination of the food supply, rather than responding to it. The law applies to human food as well as to food for animals, including pets. 21 USC Ch. 27.
FISCAL EFFECT: Unknown
COMMENTS: CDFA's CFRP, along with the feed manufacturing industry, ensures a clean and wholesome supply of milk and meat as well as providing assurance that the product received by the consumer is the quality and quantity purported by the manufacturer. Inspectors and investigators located throughout the state conduct routine sampling and inspections, quality assurance inspections of feed manufacturing facilities, respond to consumer complaints, and enforce the laws and regulations that govern the manufacturing distribution of livestock feed. CFRP is funded through the collection of a licensing fee and inspection fee based on tonnage sold.
According to the author, California has the nation’s largest dairy industry providing thousands of agricultural production and dairy processing jobs, a strong poultry and egg production industry and a very viable beef cattle and beef feeding industry. We also have impressive scientific and biotech communities that are developing solutions to many of California’s most challenging problems. As the state strives to reduce emissions from various sources, feed additives have shown great promise in reducing enteric emissions from livestock. Research continues into other additives that may address other environmental claims as well. This bill will clarify and codify CDFA’s authority to regulate feed additives that make environmental claims. As various governmental entities review the science and emission profiles of feed additives, it is important to codify CDFA as the primary regulator of the additives that make environmental claims, just as they have the authority on other additives. CDFA can use their existing program and expertise to ensure animal safety, proper regulation within the distribution system and to make sure that these additives are handled properly and are safe for the animals.
Supporter’s state the bill will require all commercial feed and additives be regulated by the Feed Inspection Division (Division) of CDFA to ensure all feed and additive guidelines are adhered to. Currently, the Division is authorized to regulate feed additives for feed safety and “medicated” feed, but there is no expressed language in current regulations giving the Division authority over feed additives that make “an environmental claim.”
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Egg Farmers
California Cattlemen's Association
California Farm Bureau
California Grain & Feed Association
Pacific Egg & Poultry Association
Opposition
None on file
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 780 |
CONSENT
Bill No: SB 780
Author: Alvarado-Gil (D)
Amended: 3/21/23
Vote: 21
SENATE AGRICULTURE COMMITTEE: 3-0, 4/18/23
AYES: McGuire, Grove, Alvarado-Gil
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Department of Food and Agriculture: oversight: commercial feed, feed additives, and drugs
SOURCE: Author
DIGEST:
This bill requires any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration (FDA) that is fed or administered to livestock to be under the oversight of the California Department of Food and Agriculture (CDFA) as the primary state regulatory agency, including, but not limited to, products that make environmental health claims.
ANALYSIS: Existing federal law establishes the Food Safety Modernization Act (FSMA). FSMA was signed into federal law by President Obama on January 3, 2011. According to the FDA’s website, FSMA shifted the focus from responding to foodborne illness to preventing it (HR 2751, Title I – Improving Capacity to Prevent Food Safety Problems).
Existing state law:
- Designates CDFA to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. The department shall also have primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight (Food and Agricultural Code Section 14902.5).
- Establishes the Commercial Feed Regulatory Program under CDFA. The Commercial Feed Regulatory Program, along with the feed manufacturing industry, ensures a clean and wholesome supply of milk and meat, as well as, providing assurance that the product received by the consumer is the quality and quantity purported by the manufacturer. This program is funded through the collection of a licensing fee and inspection fee based on tonnage sold.
- Establishes the Feed Inspection Advisory Board (FIAB) under CDFA to advise the Secretary and make recommendations on all matters pertaining to the inspection and enforcement, budget, services, and regulations required under the Commercial Feed Regulatory Program (Food and Agricultural Code Sections 14971-14979).
- Defines “Commercial feed” to include all materials intended for use as feed or for mixing in feed of commercial livestock including all feed ingredients such as processed grains, by-products, hay cubes or pellets, oil meals, fats and oils, almond hulls, whole cottonseed, minerals and vitamins, as well as, formula feed, supplements, and complete feeds (Food and Agricultural Code Section 14925).
This bill requires any commercial feed, feed additive, or drug approved by the FDA that is fed or administered to livestock to be under the oversight of the CDFA as the primary state regulatory agency, including, but not limited to, products that make environmental health claims.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 5/2/23)
Association of California Egg Farmers
California Cattlemen's Association
California Farm Bureau
California Grain and Feed Association
Pacific Egg & Poultry Association
OPPOSITION: (Verified 5/2/23)
None received
ARGUMENTS IN SUPPORT: According to the author:
California has the nation’s largest dairy industry providing thousands of agricultural production and dairy processing jobs, a strong poultry and egg production industry and a very viable beef cattle and beef feeding industry. We also have an impressive scientific and biotech communities that are developing solutions to many of California’s most challenging problems. As the state strives to reduce emissions from various sources, feed additives have shown great promise in reducing enteric emissions from livestock. Research continues into other additives that may address other environmental claims as well.
SB 780 will clarify and codify CDFA’s authority to regulate feed additives that make environmental claims. As various governmental entities review the science and emission profiles of feed additives, it is important to codify CDFA as the primary regulator of the additives that make environmental claims, just as they have the authority on other additives. CDFA can use their existing program and expertise to ensure animal safety, proper regulation within the distribution system and to make sure that these additives are handled properly and are safe for the animals.
According to the California Grain and Feed Association, this bill will require all commercial feed and additives be regulated by the Feed Inspection Division (Division) of CDFA to ensure all feed and additive guidelines are adhered to. Currently, the Division is authorized to regulate feed additives for feed safety and “medicated” feed, but there is no expressed language in current regulations giving the Division authority over feed additives that make “an environmental claim.”
Prepared by: Reichel Everhart / AGRI. / (916) 651-1508
5/3/23 15:07:43
**** END ****
SENATE COMMITTEE ON AGRICULTURE
Senator Melissa Hurtado, Chair
2023 - 2024 Regular
Bill No: SB 780 Hearing Date: 4/18/23
Author: | Alvarado-Gil | ||
Version: | 3/21/23 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Reichel Everhart | ||
Subject: Department of Food and Agriculture: oversight: commercial feed, feed additives, and drugs
SUMMARY
:
This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed or administered to livestock to be under the oversight of the California Department of Food and Agriculture (CDFA) as the primary state regulatory agency, including, but not limited to, products that make environmental health claims.
BACKGROUND AND EXISTING LAW
:
Current state law:
- Designates CDFA to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. The department shall also have primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight (Food and Agricultural Code Section 14902.5).
- Defines “Commercial feed” to include all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed for feeding to domestic pets, such as dogs, cats, and birds (Food and Agricultural Code Section 14925).
- Establishes the Commercial Feed Regulatory Program under CDFA. The Commercial Feed Regulatory Program, along with the feed manufacturing industry, ensures a clean and wholesome supply of milk and meat, as well as, providing assurance that the product received by the consumer is the quality and quantity purported by the manufacturer. This program is funded through the collection of a licensing fee and inspection fee based on tonnage sold.
- Establishes the Feed Inspection Advisory Board (FIAB) under CDFA to advise the Secretary and make recommendations on all matters pertaining to the inspection and enforcement, budget, services, and regulations required under the Commercial Feed Regulatory Program (Food and Agricultural Code Sections 14971-14979).
- Defines “Commercial feed” to include all materials intended for use as feed or for mixing in feed of commercial livestock including all feed ingredients such as processed grains, by-products, hay cubes or pellets, oil meals, fats and oils, almond hulls, whole cottonseed, minerals and vitamins, as well as, formula feed, supplements, and complete feeds (Food and Agricultural Code Section 14925).
Existing federal law:
- Establishes the Food Safety Modernization Act (FSMA). FSMA was signed into federal law by President Obama on January 3, 2011. According to the U.S. Food and Drug Administration’s (FDA) website, FSMA shifted the focus from responding to foodborne illness to preventing it (HR 2751, Title I – Improving Capacity to Prevent Food Safety Problems).
PROPOSED LAW
:
This bill would require any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed or administered to livestock to be under the oversight of the California Department of Food and Agriculture (CDFA) as the primary state regulatory agency, including, but not limited to, products that make environmental health claims.
ARGUMENTS IN SUPPORT:
According to the author:
“California has the nation’s largest dairy industry providing thousands of agricultural production and dairy processing jobs, a strong poultry and egg production industry and a very viable beef cattle and beef feeding industry. We also have an impressive scientific and biotech communities that are developing solutions to many of California’s most challenging problems. As the state strives to reduce emissions from various sources, feed additives have shown great promise in reducing enteric emissions from livestock. Research continues into other additives that may address other environmental claims as well.
“SB 780 will clarify and codify CDFA’s authority to regulate feed additives that make environmental claims. As various governmental entities review the science and emission profiles of feed additives, it is important to codify CDFA as the primary regulator of the additives that make environmental claims, just as they have the authority on other additives. CDFA can use their existing program and expertise to ensure animal safety, proper regulation within the distribution system and to make sure that these additives are handled properly and are safe for the animals.”
According to the California Grain and Feed Association the bill will require all commercial feed and additives be regulated by the Feed Inspection Division (Division) of CDFA to ensure all feed and additive guidelines are adhered to. Currently, the Division is authorized to regulate feed additives for feed safety and “medicated” feed, but there is no expressed language in current regulations giving the Division authority over feed additives that make “an environmental claim.”
ARGUMENTS IN OPPOSITION:
None received
RELATED LEGISLATION
:
- SB 1383 (Chapter 395, Statutes of 2016): This bill required the Air Resources Board (ARB) to approve and implement the comprehensive short-lived climate pollutant strategy to achieve, from 2013 levels, a 40% reduction in methane, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon, by 2030.
- SB 485 (Becker): This bill would require expanding the membership of the Scientific Advisory Panel on Environmental Farming under CDFA to 10 members and require, on or before June 1, 2025, the State Air Resources Board, in cooperation with CDFA, to begin developing offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation and would require the state board, in partnership with CDFA, to set an adoption target of feed additives through the year 2040.
SUPPORT
: (As of 4/14/23)
California Grain & Feed Association (Sponsor)
Association of California Egg Farmers
California Cattlemen's Association
California Farm Bureau
Pacific Egg & Poultry Association
OPPOSITION
: (As of 4/14/23)
None received
-- END --
Bill Author
Bill Co-Author(s):