S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9632
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to protecting medically  important  antimicrobials  for  human  public
   health
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings. The  legislature  declares  that  the
 overuse and misuse of medically important antimicrobials poses a serious
 public health threat.
   The World Health Organization has stated that "without urgent, coordi-
 nated  action by many stakeholders, the world is headed for a post-anti-
 biotic era, in which common infections and  minor  injuries  which  have
 been treatable for decades can once again kill." In 2016, members of the
 UN  General  Assembly adopted a political declaration acknowledging that
 "the resistance of bacterial, viral, parasitic and fungal microorganisms
 to antimicrobial medicines that were previously effective for  treatment
 of  infections  is mainly due to: the inappropriate use of antimicrobial
 medicines in public health, animal, food,  agriculture  and  aquaculture
 sectors;  ...  resistance to antibiotics, which are not like other medi-
 cines ... is  the  greatest  and  most  urgent  global  risk,  requiring
 increased  attention  and  coherence  at the international, national and
 regional levels."
   The legislature further finds that overuse  and  misuse  of  medically
 important antimicrobials in livestock production is a significant compo-
 nent of the threat posed. The United States Food and Drug Administration
 and  the  Centers  for  Disease  Control and Prevention have stated that
 there is a definitive link between the routine use of  medically  impor-
 tant  antimicrobials  on industrial farms and the crisis of antimicrobi-
 al-resistant infections in humans.
   The issue of antimicrobial misuse and overuse, whether  in  people  or
 animals, is a significant and urgent public health matter.
   It  has been estimated that seventy percent of all antimicrobials sold
 in the United States are for use in  food-producing  animals,  often  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11330-09-9

 A. 9632                             2
 
 compensate  for  the effects of unsanitary and overcrowded conditions on
 farms.
   Many  of  the  antimicrobials  provided  to food-producing animals are
 identical to, or from the same class as, drugs used in human medicine to
 treat serious conditions (i.e., medically important drugs). Thus,  anti-
 microbial-resistant  bacteria that emerge and spread from food-producing
 animals in farm settings to infect humans can be very dangerous  because
 the  antibiotics  usually  used to treat the infections in humans may no
 longer be effective against them.
   The legislature further finds that,  as  with  any  use  of  medically
 important antimicrobials in animals, such use must be closely supervised
 by a New York state licensed veterinarian or those veterinarians author-
 ized  to  practice  within  the state. Moreover, that it is the licensed
 veterinarian who must ensure that the use of medically important antimi-
 crobials is appropriate and necessary.
   The legislature therefore intends to place appropriate restrictions on
 the misuse and overuse of medically important  antimicrobials  in  food-
 producing animals by ensuring that veterinarians have the clear authori-
 ty to control the use of medically important antimicrobials in food-pro-
 ducing  animals in New York state and that their practices are following
 the best scientific evidence.
   The purpose of this act is to protect public health by preserving  the
 effectiveness  of  medically important antimicrobials now and for future
 generations by eliminating the use of those medicines in  food-producing
 animals for disease prevention, resulting in a reduction in the rise and
 spread  of  antimicrobial-resistant bacteria and antimicrobial-resistant
 infections in humans.
   § 2. The education law is amended by adding a  new  article  135-A  to
 read as follows:
                               ARTICLE 135-A
                  COMBATING ANTIMICROBIAL RESISTANCE ACT
 SECTION 6720. SHORT TITLE.
         6721. DEFINITIONS.
         6722. PROHIBITION OF CERTAIN ANTIMICROBIAL ADMINISTRATION.
         6723. AUTHORIZATION OF CERTAIN ANTIMICROBIAL ADMINISTRATION.
         6724. ANNUAL REPORTS.
         6725. ANTIMICROBIAL STEWARDSHIP GUIDELINES.
         6726. IMPLEMENTATION.
         6727. AUTHORITY TO RECEIVE VETERINARY FEED DIRECTIVES.
         6728. VIOLATIONS.
   §  6720.  SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "COMBATING ANTIMICROBIAL RESISTANCE ACT OF 2019."
   § 6721. DEFINITIONS. AS USED IN THIS SECTION:
   1. "ANTIMICROBIAL" MEANS ANY SUBSTANCE OF NATURAL, SEMI-SYNTHETIC,  OR
 SYNTHETIC  ORIGIN  THAT  AT IN VIVO CONCENTRATIONS KILLS OR INHIBITS THE
 GROWTH OF MICROORGANISMS BY INTERACTING WITH A SPECIFIC TARGET. THE TERM
 ANTIMICROBIAL IS A COLLECTIVE FOR ANTIVIRAL, ANTIBACTERIAL,  ANTIFUNGAL,
 ANTIPARASITIC, AND ANTIPROTOZOAL AGENTS.
   2.  "ANTIMICROBIAL  CLASS"  MEANS  ANTIMICROBIAL  AGENTS  WITH RELATED
 MOLECULAR STRUCTURES, OFTEN WITH A SIMILAR MODE  OF  ACTION  BECAUSE  OF
 INTERACTION  WITH  A  SIMILAR TARGET AND THUS SUBJECT TO A SIMILAR MECH-
 ANISM OF RESISTANCE.
   3. "ANTIMICROBIAL RESISTANCE (AMR)" MEANS THE ABILITY OF A MICROORGAN-
 ISM TO MULTIPLY OR PERSIST IN THE PRESENCE OF AN INCREASED LEVEL  OF  AN
 ANTIMICROBIAL  RELATIVE  TO  THE  SUSCEPTIBLE  COUNTERPART  OF  THE SAME
 SPECIES.

 A. 9632                             3
 
   4. "DISEASE CONTROL" MEANS ADMINISTRATION OF ANTIMICROBIAL AGENTS TO A
 GROUP OF ANIMALS CONTAINING SICK AND HEALTHY INDIVIDUALS (PRESUMED TO BE
 INFECTED), TO MINIMIZE OR RESOLVE CLINICAL SIGNS OF  INFECTIOUS  DISEASE
 AND TO PREVENT FURTHER SPREAD OF THE DISEASE.
   5.  "DISEASE  PREVENTION" MEANS ADMINISTRATION OF ANTIMICROBIAL AGENTS
 TO AN INDIVIDUAL OR A GROUP OF ANIMALS AT RISK OF ACQUIRING  A  SPECIFIC
 INFECTION  OR IN A SPECIFIC SITUATION WHERE INFECTIOUS DISEASE IS LIKELY
 TO OCCUR IF THE ANTIMICROBIAL AGENT IS NOT ADMINISTERED.
   6. "DISEASE TREATMENT" MEANS ADMINISTRATION OF ANTIMICROBIAL AGENTS TO
 AN INDIVIDUAL OR GROUP OF ANIMALS SHOWING CLINICAL SIGNS  OF  INFECTIOUS
 DISEASE OR THAT TEST POSITIVE FOR A DISEASE.
   7. "FOOD-PRODUCING ANIMAL" MEANS:
   (A)  ALL CATTLE, SWINE, OR POULTRY, REGARDLESS OF WHETHER THE SPECIFIC
 ANIMAL IS RAISED FOR THE PURPOSE OF PRODUCING FOOD  FOR  HUMAN  CONSUMP-
 TION; OR
   (B)  ANY  ANIMAL  OF  A  TYPE  THAT  THE DEPARTMENT OF AGRICULTURE AND
 MARKETS IDENTIFIES BY RULE AS LIVESTOCK TYPICALLY USED TO  PRODUCE  FOOD
 FOR HUMAN CONSUMPTION, INCLUDING AQUATIC AND AMPHIBIAN SPECIES.
   8. "LIVESTOCK PRODUCER" MEANS A PERSON RAISING A FOOD-PRODUCING ANIMAL
 FOR COMMERCIAL PURPOSES.
   9.  "MEDICALLY  IMPORTANT ANTIMICROBIAL" MEANS A DRUG THAT IS COMPOSED
 IN WHOLE OR IN PART OF:
   (A) A FORM OF  THE  ANTIBIOTIC  CLASSES  OF  PENICILLIN,  TETRACYLINE,
 MACROLIDE,  LINCOSAMIDE,  STREPTOGRAMIN, AMINOGLYCOSIDE, SULFONAMIDE, OR
 CEPHALOSPORIN; OR
   (B) A DRUG FROM AN ANTIMICROBIAL CLASS THAT IS  CATEGORIZED  AS  CRIT-
 ICALLY  IMPORTANT,  HIGHLY  IMPORTANT,  OR IMPORTANT IN THE WORLD HEALTH
 ORGANIZATION LIST OF CRITICALLY IMPORTANT ANTIMICROBIALS FOR HUMAN MEDI-
 CINE (5TH REVISION, 2016), OR A SUBSEQUENT REVISION OR  SUCCESSOR  DOCU-
 MENT  ISSUED BY THE WORLD HEALTH ORGANIZATION THAT IS RECOGNIZED BY RULE
 BY THE DEPARTMENT OF HEALTH.
   10. "VETERINARY FEED DIRECTIVE" HAS THE SAME DEFINITION AS IN  SECTION
 558.3 OF TITLE 21 OF THE CODE OF FEDERAL REGULATIONS.
   §  6722.  PROHIBITION OF CERTAIN ANTIMICROBIAL ADMINISTRATION.  BEGIN-
 NING JANUARY FIRST, TWO THOUSAND TWENTY, MEDICALLY IMPORTANT  ANTIMICRO-
 BIALS  SHALL  NOT  BE  ADMINISTERED  TO  A  FOOD-PRODUCING ANIMAL UNLESS
 ORDERED BY A LICENSED VETERINARIAN WHO HAS VISITED  THE  FARM  OPERATION
 WITHIN  THE  PREVIOUS  SIX  MONTHS, THROUGH A PRESCRIPTION OR VETERINARY
 FEED DIRECTIVE, PURSUANT TO A  VETERINARIAN-CLIENT-PATIENT  RELATIONSHIP
 THAT  MEETS  THE REQUIREMENTS AS DEFINED BY THE NEW YORK STATE OFFICE OF
 PROFESSIONS.
   § 6723. AUTHORIZATION  OF  CERTAIN  ANTIMICROBIAL  ADMINISTRATION.  1.
 BEGINNING  JANUARY  FIRST, TWO THOUSAND TWENTY, A LIVESTOCK PRODUCER MAY
 PROVIDE A MEDICALLY IMPORTANT ANTIMICROBIAL TO A  FOOD-PRODUCING  ANIMAL
 ONLY  IF  A LICENSED VETERINARIAN, IN THE EXERCISE OF PROFESSIONAL JUDG-
 MENT, DETERMINES THAT THE PROVISION OF THE MEDICALLY  IMPORTANT  ANTIMI-
 CROBIAL TO THE ANIMAL IS NECESSARY:
   (A) TO CONTROL THE SPREAD OF A DISEASE OR INFECTION;
   (B) TO TREAT A DISEASE OR INFECTION; OR
   (C) IN RELATION TO SURGICAL OR OTHER MEDICAL PROCEDURES.
   2. MEDICALLY IMPORTANT ANTIMICROBIALS SHALL NOT BE ADMINISTERED BY ANY
 PERSON  TO  FOOD-PRODUCING  ANIMALS SOLELY FOR THE PURPOSES OF PROMOTING
 WEIGHT GAIN, IMPROVING FEED EFFICIENCY, OR DISEASE PREVENTION.
   3. A VETERINARIAN WHO DETERMINES THAT THE  PROVISION  OF  A  MEDICALLY
 IMPORTANT  ANTIMICROBIAL  TO  A FOOD-PRODUCING ANIMAL IS NECESSARY FOR A

 A. 9632                             4
 
 PURPOSE DESCRIBED IN THIS SECTION SHALL SPECIFY  AN  END  DATE  FOR  THE
 PROVISION OF THE ANTIMICROBIAL TO THE ANIMAL.
   4.  A  LIVESTOCK PRODUCER MAY ADMINISTER A MEDICALLY IMPORTANT ANTIMI-
 CROBIAL TO A FOOD-PRODUCING ANIMAL ONLY FOR THE PURPOSE AS DETERMINED BY
 A LICENSED VETERINARIAN UNDER THIS ARTICLE.  THE LIVESTOCK PRODUCER  MAY
 PROVIDE THE ANTIMICROBIAL ONLY FOR THE DURATION SPECIFIED BY THE VETERI-
 NARIAN.
   §  6724.  ANNUAL REPORTS. 1. VETERINARIANS LICENSED TO PRACTICE IN NEW
 YORK STATE, OR WHO ARE LICENSED IN A BORDERING STATE AND PRACTICE IN THE
 STATE, AND WHO PRESCRIBE MEDICALLY IMPORTANT ANTIMICROBIALS OR  WRITE  A
 VETERINARY FEED DIRECTIVE FOR ONE OR MORE SETS OF FOOD-PRODUCING ANIMALS
 MUST  FILE  AN  ANNUAL  REPORT  UNDER  THIS SECTION IN A FORM AND MANNER
 REQUIRED BY THE DEPARTMENT BY RULE. THIS REPORT WILL BE SUBMITTED TO THE
 COMMISSIONER, THE COMMISSIONER OF HEALTH, THE COMMISSIONER  OF  AGRICUL-
 TURE  AND  MARKETS,  THE  TEMPORARY  PRESIDENT OF THE SENATE, THE SENATE
 MINORITY LEADER, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
 THE ASSEMBLY. IF ANY MEDICALLY IMPORTANT ANTIMICROBIALS WERE  PRESCRIBED
 TO,  PROVIDED  TO,  OR ADMINISTERED TO FOOD-PRODUCING ANIMALS DURING THE
 REPORTING PERIOD, THE ANNUAL REPORT MUST CONTAIN THE FOLLOWING  INFORMA-
 TION:
   (A) THE TOTAL NUMBER OF FOOD-PRODUCING ANIMALS PROVIDED WITH MEDICALLY
 IMPORTANT ANTIMICROBIALS;
   (B) THE NAME OF EACH MEDICALLY IMPORTANT ANTIMICROBIAL PROVIDED;
   (C) THE SPECIES OF FOOD-PRODUCING ANIMALS THAT WERE PROVIDED WITH EACH
 MEDICALLY IMPORTANT ANTIMICROBIAL;
   (D)  THE QUANTITY OF EACH MEDICALLY IMPORTANT ANTIMICROBIAL PRESCRIBED
 TO EACH SPECIES OF FOOD-PRODUCING ANIMAL;
   (E) THE NUMBER OF DAYS THAT EACH MEDICALLY IMPORTANT ANTIMICROBIAL WAS
 INTENDED TO BE PROVIDED TO A FOOD-PRODUCING ANIMAL;
   (F) THE DOSAGE OF EACH  MEDICALLY  IMPORTANT  ANTIMICROBIAL  THAT  WAS
 INTENDED TO BE PROVIDED TO A FOOD-PRODUCING ANIMAL;
   (G) THE METHOD FOR PROVIDING EACH MEDICALLY IMPORTANT ANTIMICROBIAL TO
 A FOOD-PRODUCING ANIMAL;
   (H)  THE  PURPOSE FOR PROVIDING EACH MEDICALLY IMPORTANT ANTIMICROBIAL
 TO A FOOD-PRODUCING ANIMAL; AND
   (I) THE DISEASE  OR  INFECTION,  IF  ANY,  THAT  WAS  INTENDED  TO  BE
 CONTROLLED DUE TO THE PROVISION OF EACH MEDICALLY IMPORTANT ANTIMICROBI-
 AL.
   2.  FOR  THE  PURPOSES  OF  PARAGRAPH  (H)  OF SUBDIVISION ONE OF THIS
 SECTION, THE PURPOSE FOR PROVIDING A MEDICALLY  IMPORTANT  ANTIMICROBIAL
 TO A FOOD-PRODUCING ANIMAL MUST BE REPORTED AS:
   (A) DISEASE CONTROL; OR
   (B) DISEASE TREATMENT; OR
   (C) NECESSARY FOR SURGICAL OR OTHER MEDICAL PROCEDURES.
   3.  INFORMATION  REPORTED  UNDER  THIS SECTION SHOULD BE MADE PUBLICLY
 AVAILABLE BY THE DEPARTMENT OF HEALTH ANNUALLY IN AN  ONLINE  SEARCHABLE
 DATABASE  OF  AGGREGATED DATA.  SUCH DATABASE SHALL PROTECT THE IDENTITY
 OF A LICENSED VETERINARIAN, AN INDIVIDUAL FARM OR BUSINESS.
   4. INFORMATION REPORTED UNDER THIS SECTION IS A PUBLIC RECORD  AND  IS
 NOT  SUBJECT  TO  EXEMPTION FROM PUBLIC DISCLOSURE AS REQUIRED UNDER THE
 NEW YORK STATE FREEDOM OF INFORMATION LAW.
   5. THE STATE BOARD OF VETERINARY MEDICINE, THE  DEPARTMENT  OF  HEALTH
 AND  THE DEPARTMENT OF AGRICULTURE AND MARKETS WILL CONSULT AS NECESSARY
 TO FULFILL THE REQUIREMENTS OF THIS SECTION.
   § 6725. ANTIMICROBIAL STEWARDSHIP GUIDELINES. 1. THE  STATE  BOARD  OF
 VETERINARY  MEDICINE, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE

 A. 9632                             5
 
 AND MARKETS, THE DEPARTMENT OF  HEALTH,  UNIVERSITIES,  AND  COOPERATIVE
 EXTENSIONS,  SHALL DEVELOP ANTIMICROBIAL STEWARDSHIP GUIDELINES AND BEST
 MANAGEMENT PRACTICES FOR  VETERINARIANS,  LIVESTOCK  OWNERS,  AND  THEIR
 EMPLOYEES WHO ARE INVOLVED WITH THE ADMINISTERING OF MEDICALLY IMPORTANT
 ANTIMICROBIALS  ON  THE PROPER USE OF MEDICALLY IMPORTANT ANTIMICROBIALS
 FOR DISEASE TREATMENT AND CONTROL. THE GUIDELINES SHALL  INCLUDE  SCIEN-
 TIFICALLY  VALIDATED  PRACTICAL  ALTERNATIVES  TO  THE  USE OF MEDICALLY
 IMPORTANT ANTIMICROBIALS, INCLUDING, BUT NOT LIMITED  TO,  GOOD  HYGIENE
 AND  MANAGEMENT  PRACTICES. THE GUIDELINES SHALL BE REVIEWED AND UPDATED
 PERIODICALLY, AS NECESSARY.
   2. THE STATE BOARD OF VETERINARY MEDICINE SHALL CONSULT WITH LIVESTOCK
 PRODUCERS, LICENSED VETERINARIANS, AND OTHER  RELEVANT  STAKEHOLDERS  ON
 ENSURING  THAT  LIVESTOCK  GROWN  IN  RURAL AREAS WITH LIMITED ACCESS TO
 VETERINARY CARE HAVE TIMELY ACCESS TO TREATMENT.
   3. FOR THE PURPOSES OF THIS SECTION, "ANTIMICROBIAL STEWARDSHIP" IS  A
 COMMITMENT TO DO ALL OF THE FOLLOWING:
   (A) TO USE MEDICALLY IMPORTANT MICROBIALS ONLY WHEN NECESSARY TO TREAT
 OR CONTROL DISEASE;
   (B)  TO  SELECT  THE APPROPRIATE MEDICALLY IMPORTANT MICROBIAL AND THE
 APPROPRIATE DOSE, DURATION, AND ROUTE OF ADMINISTRATION; AND
   (C) TO USE MEDICALLY IMPORTANT MICROBIALS FOR  THE  SHORTEST  DURATION
 NECESSARY  AND  ALLOWABLE,  AND TO ADMINISTER THEM TO THE FEWEST ANIMALS
 NECESSARY.
   § 6726. IMPLEMENTATION. 1. THE STATE BOARD OF VETERINARY MEDICINE, THE
 DEPARTMENT OF HEALTH, AND THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS
 SHALL  COORDINATE  WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION, AND THE CENTERS FOR  DISEASE
 CONTROL  AND  PREVENTION TO IMPLEMENT THE EXPANDED ANTIMICROBIAL RESIST-
 ANCE SURVEILLANCE EFFORTS INCLUDED  IN  THE  NATIONAL  ACTION  PLAN  FOR
 COMBATING  ANTIBIOTIC-RESISTANT BACTERIA, AND THAT THE INFORMATION GATH-
 ERED THROUGH THIS EFFORT WILL HELP LEAD TO A BETTER UNDERSTANDING OF THE
 LINKS BETWEEN ANTIMICROBIAL USE PATTERNS IN LIVESTOCK AND  THE  DEVELOP-
 MENT OF ANTIMICROBIAL-RESISTANT BACTERIAL INFECTIONS.
   2.  (A)  THE DEPARTMENT OF HEALTH, THE STATE BOARD OF VETERINARY MEDI-
 CINE, THE DEPARTMENT OF  AGRICULTURE  AND  MARKETS,  VETERINARIANS,  AND
 LIVESTOCK  PRODUCERS  SHALL  GATHER  INFORMATION  ON MEDICALLY IMPORTANT
 ANTIMICROBIAL SALES AND USAGE AS WELL AS ANTIMICROBIAL-RESISTANT  BACTE-
 RIA  AND  LIVESTOCK  MANAGEMENT PRACTICE DATA.  MONITORING EFFORTS SHALL
 NOT BE DUPLICATIVE OF THE NATIONAL ANIMAL HEALTH  MONITORING  SYSTEM  OR
 THE  NATIONAL  ANTIMICROBIAL  RESISTANCE  MONITORING SYSTEM, AND, TO THE
 EXTENT FEASIBLE, WILL COORDINATE WITH THE UNITED  STATES  DEPARTMENT  OF
 AGRICULTURE,  THE  CENTERS  FOR  DISEASE CONTROL AND PREVENTION, AND THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION IN THE DEVELOPMENT  OF  THESE
 EFFORTS.
   (B)  IN COORDINATING WITH THE NATIONAL ANIMAL HEALTH MONITORING SYSTEM
 AND THE NATIONAL ANTIMICROBIAL RESISTANCE MONITORING SYSTEM, THE DEPART-
 MENT OF HEALTH, THE STATE BOARD OF VETERINARY MEDICINE AND  THE  DEPART-
 MENT  OF  AGRICULTURE AND MARKETS SHALL GATHER REPRESENTATIVE SAMPLES OF
 BIOLOGICAL ISOLATES FROM ALL OF THE FOLLOWING:
   (I) NEW YORK STATE'S MAJOR LIVESTOCK SEGMENTS;
   (II) REGIONS WITH CONSIDERABLE LIVESTOCK PRODUCTION; AND
   (III) REPRESENTATIVE SEGMENTS OF THE FOOD PRODUCTION CHAIN.
   (C) THE DEPARTMENT OF HEALTH, THE STATE BOARD OF  VETERINARY  MEDICINE
 AND THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL REPORT TO THE LEGIS-
 LATURE  BY  JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE RESULTS OF THEIR
 OUTREACH ACTIVITIES AND MONITORING EFFORTS.

 A. 9632                             6
 
   § 6727. AUTHORITY TO RECEIVE VETERINARY FEED DIRECTIVES.  THE  DEPART-
 MENT OF AGRICULTURE AND MARKETS HAS THE AUTHORITY TO REQUEST AND RECEIVE
 COPIES OF ALL VETERINARY FEED DIRECTIVES ISSUED IN THE STATE FROM VETER-
 INARIANS,  LIVESTOCK OWNERS, FEED MILLS, OR DISTRIBUTORS TO FULLY IMPLE-
 MENT THE PROVISIONS OF THIS ARTICLE.
   §  6728.  VIOLATIONS.  1. A PERSON OR ENTITY WHO VIOLATES THIS ARTICLE
 SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE  THAN  TWO  HUNDRED  AND
 FIFTY DOLLARS PER FARM OPERATION FOR EACH DAY A VIOLATION OCCURS.
   2.  (A)  FOR  A SECOND OR SUBSEQUENT VIOLATION, A PERSON OR ENTITY WHO
 VIOLATES THIS ARTICLE SHALL BE PUNISHABLE BY AN ADMINISTRATIVE  FINE  IN
 THE  AMOUNT  OF  FIVE  HUNDRED DOLLARS PER FARM OPERATION FOR EACH DAY A
 VIOLATION OCCURS.
   (B) IN ADDITION TO THE ADMINISTRATIVE FINE, THE VIOLATOR SHALL  ATTEND
 AN  EDUCATIONAL  PROGRAM  TO  BE  JOINTLY DEVELOPED BY THE DEPARTMENT OF
 HEALTH AND THE STATE BOARD OF VETERINARY MEDICINE ON THE  JUDICIOUS  USE
 OF  MEDICALLY  IMPORTANT ANTIMICROBIALS. THE VIOLATOR SHALL SUCCESSFULLY
 COMPLETE THE PROGRAM AND PROVIDE PROOF TO THE BOARD WITHIN  NINETY  DAYS
 FROM THE OCCURRENCE OF THE VIOLATION.
   3.  SUBDIVISIONS  ONE  AND  TWO  OF  THIS  SECTION  SHALL NOT APPLY TO
 LICENSED VETERINARIANS. A VETERINARIAN  WHO  VIOLATES  THIS  SECTION  IS
 SUBJECT  TO  DISCIPLINE  AS  DEFINED  IN SUBARTICLE THREE OF ARTICLE ONE
 HUNDRED THIRTY OF TITLE EIGHT OF THIS CHAPTER.
   4. THE MONEYS COLLECTED PURSUANT TO THIS ARTICLE  SHALL  BE  DEPOSITED
 INTO  THE  ANTIBIOTICS  EDUCATION  FUND  ESTABLISHED PURSUANT TO SECTION
 NINETY-SEVEN-J OF THE STATE FINANCE LAW AND BE AVAILABLE FOR EXPENDITURE
 UPON APPROPRIATION BY THE LEGISLATURE.
   § 3. The state finance law is amended by adding a new section 97-j  to
 read as follows:
   §  97-J. ANTIBIOTICS EDUCATION FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN  AS  THE
 "ANTIBIOTICS EDUCATION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONIES RECOVERED FROM THE ASSESSMENT
 OF  ANY  PENALTY  AUTHORIZED BY ARTICLE ONE HUNDRED THIRTY-FIVE-A OF THE
 EDUCATION LAW.
   3. MONEYS OF THE FUND SHALL BE DEPOSITED TO THE CREDIT OF THE FUND AND
 SHALL, IN ADDITION TO ANY OTHER MONEYS MADE AVAILABLE FOR SUCH  PURPOSE,
 BE  AVAILABLE  TO  THE  DEPARTMENT FOR THE PURPOSE OF ANTIBIOTICS EDUCA-
 TIONAL PROGRAMS. ALL PAYMENTS FROM THE ANTIBIOTICS EDUCATION FUND  SHALL
 BE  MADE  ON  THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS
 CERTIFIED AND SUBMITTED BY THE COMMISSIONER.
   § 4. This act shall take effect January 1, 2020.