California 2009-2010 Regular Session Status: Enacted

AB 1709 — Biologics: animal blood and blood component products: commercial blood banks for animals.

Last action — Chaptered by Secretary of State - Chapter 235, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law defines biologics, requires the Secretary of Food and Agriculture to license biologic establishments that meet specified requirements, provides requirements relating to the application for a biologic license, and requires a certain biologic license application fee and license renewal fee. A violation of these provisions is a crime. This bill would revise the definition of biologics, prohibit a person from engaging in the production of animal blood and blood component products, as defined, for retail sale and distribution except in a commercial blood bank for animals, as defined, licensed by the secretary, delete the requirement that the secretary license biologic establishments and instead require the secretary to license commercial blood banks for animals that meet specified requirements, and revise the license application provisions and license application fee and renewal fee provisions to instead make them applicable to producers of animal blood and blood component products. Because this bill would change the definition of an existing crime and create new crimes, the bill would impose a state-mandated local program. Existing law prohibits a person from engaging in the production of biologics except in an establishment licensed by the United States Department of Agriculture or the Secretary of Food and Agriculture or in an establishment producing biologics only for use by the owner or operator for animals owned by him or her. This bill would instead prohibit a person from engaging in the production of biologics except as permitted under federal law. Existing law prohibits the offer for sale or use of any biologic unless it is registered by the secretary, except that registration is not required of any biologic manufactured pursuant to the terms of a valid license issued by the United States Department of Agriculture unless the secretary finds that, due to local conditions, it is necessary that the biologic be registered. This bill would, instead, prohibit the offer for sale or use of any biologic unless it is manufactured pursuant to the terms of a valid license or permit issued by the United States Department of Agriculture. The bill would also prohibit the offer for sale or use of any blood or blood component product unless it is produced in an establishment licensed by the secretary, thereby imposing a state-mandated local program by creating a new crime. Existing law requires the secretary to register any biologic that meets certain requirements and a biologic that is produced in an establishment exempt from licensing and that meets certain requirements, provides requirements relating to the application for registration of a biologic, and authorizes the secretary to impose conditions on the production or use of biologics. This bill would delete the requirement that the secretary register biologics and instead require the secretary to register blood or blood component products that meet certain requirements. The bill would also require an application for registration of blood or blood component products to include specified information and would authorize the secretary to impose conditions on the production or use of blood or blood component products. Existing law provides various enforcement provisions that the secretary may undertake with respect to biologic licensees and registrants. This bill would revise those enforcement provisions to instead make them applicable to commercial blood banks for animals licensees and registrants of blood or blood component products. This bill would make other conforming, clarifying, and technical changes. This bill would state that its provisions are declaratory of existing law as applied to commercial blood banks for animals. 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. This bill would provide that its provisions shall not become operative until the first day on or after January 1, 2013, that all Californiabiological products registered with the Department of Food and Agriculture by December 31, 2010, have obtained a United States Veterinary Biological Product License from the United States Department of Agriculture Center for Veterinary Biologics except those products for which the Department of Food and Agriculture has received written documentation from a firm that the firm has chosen not to obtain that license. The bill would require the Department of Food and Agriculture to assist, as provided, toward federal biological products licensure. The bill would also require the Department of Food and Agriculture to submit a report to the Legislature on the status of biologics transitioning to federal biological products licensure by June 1, 2011, and every June thereafter until this act becomes operative and, when it does become operative, to post that fact on its Internet Web site.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 235, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6482.)

  5. Assembly Rule 77 suspended. (Page 6463.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 4713.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. From Consent Calendar. To third reading.

  11. Read second time. To Consent Calendar.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and to Consent Calendar.

  13. From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (June 15).

  14. Referred to Com. on F. & A.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 72. Noes 0. Page 5235.)

  17. Read second time. To Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (May 12).

  19. Re-referred to Com. on APPR.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 14).

  24. Re-referred to Com. on AGRI.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.

  26. Referred to Com. on AGRI.

  27. From printer. May be heard in committee March 5.

  28. Read first time. To print.

Sponsors

  • Conway · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Conway

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1709 CONWAY Concurrence in Senate Amendments

Passed 88 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 3000
Republican 3000
Total 88002
% of votes cast 98%0%0%2%
How each member voted (90)
Member Party Vote
Carter — Yea
Feuer — Yea
Fuller — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Not Voting
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1709 Conway By Emmerson

Passed 33 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 30006
Democratic 2000
Republican 1000
Total 33006
% of votes cast 85%0%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Not Voting
Wolk — Yea
Alquist — Yea
Aanestad — Yea
Ashburn — Yea
Leno — Yea
Wright — Yea
Wyland — Yea
Cogdill — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1709 CONWAY Consent Calendar Second Day Regular Session

Passed 80 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 740011
Democratic 3000
Republican 3000
Total 800011
% of votes cast 88%0%0%12%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Eng — Yea
Evans — Not Voting
De — Yea
Leon — Yea
Feuer — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Conway — Yea
Cook — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Coto — Yea
Gilmore — Yea
Hall — Yea
Harkey — Not Voting
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Not Voting
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Not Voting
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Democratic 0001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Conway — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Charles — Not Voting
Bradford — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Torrico — Yea
Ammiano — Yea
Miller — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

What does AB 1709 do?
Existing law defines biologics, requires the Secretary of Food and Agriculture to license biologic establishments that meet specified requirements, provides requirements relating to the application for a biologic license, and requires a certain biologic license application fee and license renewal fee. A violation of these provisions is a crime. This bill would revise the definition of biologics, prohibit a person from engaging in the production of animal blood and blood component products, as defined, for retail sale and distribution except in a commercial blood bank for animals, as defined, licensed by the secretary, delete the requirement that the secretary license biologic establishments and instead require the secretary to license commercial blood banks for animals that meet specified requirements, and revise the license application provisions and license application fee and renewal fee provisions to instead make them applicable to producers of animal blood and blood component products. Because this bill would change the definition of an existing crime and create new crimes, the bill would impose a state-mandated local program. Existing law prohibits a person from engaging in the production of biologics except in an establishment licensed by the United States Department of Agriculture or the Secretary of Food and Agriculture or in an establishment producing biologics only for use by the owner or operator for animals owned by him or her. This bill would instead prohibit a person from engaging in the production of biologics except as permitted under federal law. Existing law prohibits the offer for sale or use of any biologic unless it is registered by the secretary, except that registration is not required of any biologic manufactured pursuant to the terms of a valid license issued by the United States Department of Agriculture unless the secretary finds that, due to local conditions, it is necessary that the biologic be registered. This bill would, instead, prohibit the offer for sale or use of any biologic unless it is manufactured pursuant to the terms of a valid license or permit issued by the United States Department of Agriculture. The bill would also prohibit the offer for sale or use of any blood or blood component product unless it is produced in an establishment licensed by the secretary, thereby imposing a state-mandated local program by creating a new crime. Existing law requires the secretary to register any biologic that meets certain requirements and a biologic that is produced in an establishment exempt from licensing and that meets certain requirements, provides requirements relating to the application for registration of a biologic, and authorizes the secretary to impose conditions on the production or use of biologics. This bill would delete the requirement that the secretary register biologics and instead require the secretary to register blood or blood component products that meet certain requirements. The bill would also require an application for registration of blood or blood component products to include specified information and would authorize the secretary to impose conditions on the production or use of blood or blood component products. Existing law provides various enforcement provisions that the secretary may undertake with respect to biologic licensees and registrants. This bill would revise those enforcement provisions to instead make them applicable to commercial blood banks for animals licensees and registrants of blood or blood component products. This bill would make other conforming, clarifying, and technical changes. This bill would state that its provisions are declaratory of existing law as applied to commercial blood banks for animals. 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. This bill would provide that its provisions shall not become operative until the first day on or after January 1, 2013, that all Californiabiological products registered with the Department of Food and Agriculture by December 31, 2010, have obtained a United States Veterinary Biological Product License from the United States Department of Agriculture Center for Veterinary Biologics except those products for which the Department of Food and Agriculture has received written documentation from a firm that the firm has chosen not to obtain that license. The bill would require the Department of Food and Agriculture to assist, as provided, toward federal biological products licensure. The bill would also require the Department of Food and Agriculture to submit a report to the Legislature on the status of biologics transitioning to federal biological products licensure by June 1, 2011, and every June thereafter until this act becomes operative and, when it does become operative, to post that fact on its Internet Web site.
Who sponsors AB 1709?
AB 1709 is sponsored by Conway.
What is the current status of AB 1709?
This bill has been enacted into law. Introduced February 02, 2010. Enacted.
Where can I track AB 1709?
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