S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5742--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced by Sens. KAVANAGH, HOYLMAN -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Higher Education
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11330-08-9
              

 S. 5742--A                          2
 
 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
 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

 S. 5742--A                          3
 
 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.
   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.

 S. 5742--A                          4
 
   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
 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.

 S. 5742--A                          5
 
   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
 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

 S. 5742--A                          6
 
   (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.
   §  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.