S T A T E O F N E W Y O R K
________________________________________________________________________
3493--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. L. ROSENTHAL, STECK, EPSTEIN, COLTON, GRIFFIN,
GOTTFRIED, NIOU, SIMON, COOK -- Multi-Sponsored by -- M. of A. ENGLE-
BRIGHT -- read once and referred to the Committee on Higher Education
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00777-05-1
A. 3493--B 2
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
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 2021."
§ 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.
A. 3493--B 3
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.
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. (A) "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.
(B) DISEASE TREATMENT INCLUDES SELECTIVE DRY COW THERAPY, WHEREBY
INDIVIDUAL DAIRY COWS WITHIN A HERD ARE DETERMINED, WHEN ENTERING A DRY
CYCLE, TO BE LIKELY INFECTED WITH MASTITIS BASED ON KEY INDICATORS
INCLUDING THEIR PREVIOUS HISTORY OF DISEASE, SOMATIC CELL COUNTS AND/OR
CELL CULTURES, AND ARE ADMINISTERED ANTIBIOTICS AS PRESCRIBED BY A
LICENSED VETERINARIAN.
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-THREE, MEDICALLY IMPORTANT ANTI-
MICROBIALS 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.
A. 3493--B 4
§ 6723. AUTHORIZATION OF CERTAIN ANTIMICROBIAL ADMINISTRATION. 1.
BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A LIVESTOCK PRODUCER
MAY PROVIDE A MEDICALLY IMPORTANT ANTIMICROBIAL TO A FOOD-PRODUCING
ANIMAL ONLY IF A LICENSED VETERINARIAN, IN THE EXERCISE OF PROFESSIONAL
JUDGMENT, DETERMINES THAT THE PROVISION OF THE MEDICALLY IMPORTANT ANTI-
MICROBIAL 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. (A) MEDICALLY IMPORTANT ANTIMICROBIALS SHALL NOT BE ADMINISTERED BY
ANY PERSON TO FOOD-PRODUCING ANIMALS SOLELY FOR THE PURPOSES OF PROMOT-
ING WEIGHT GAIN, IMPROVING FEED EFFICIENCY, OR DISEASE PREVENTION.
(B) BLANKET DRY COW THERAPY, WHEREBY ALL DAIRY COWS IN A HERD ENTERING
A DRY CYCLE ARE ROUTINELY ADMINISTERED AN ANTIBIOTIC TO PREVENT CLINICAL
MASTITIS, IS CONSIDERED A METHOD OF DISEASE PREVENTION, AND IS NOT
AUTHORIZED.
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.
A. 3493--B 5
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
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
A. 3493--B 6
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-FOUR, 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
A. 3493--B 7
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, 2023.