SF 2264

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; preserving the effectiveness of antibiotics; prohibiting
the disposal of prescription drugs containing antibiotics; prohibiting the
nontherapeutic use of animal feed containing certain antibiotics; establishing
a surcharge on all commercial feeds sold that contain antibiotics; requiring a
label on prescription drugs containing antibiotics; amending Minnesota Statutes
2006, sections 25.33, by adding a subdivision; 25.341, by adding a subdivision;
151.212, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 25; 115.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 25.33, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Nontherapeutic use. new text end

new text begin "Nontherapeutic use" means any use of an
antimicrobial drug in animals in the absence of disease, including use for growth
promotion, feed efficiency, or disease prevention.
new text end

Sec. 2.

Minnesota Statutes 2006, section 25.341, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Commercial feed containing antibiotics; surcharge. new text end

new text begin (a) A licensee
shall pay an annual surcharge on all commercial feeds sold that contain antibiotics.
The surcharge is one-quarter of one percent of the licensee's annual gross sales of all
commercial feeds sold that contain antibiotics and are used in Minnesota. Notwithstanding
section 25.39, subdivision 4, money collected from the surcharge must be deposited in an
antibiotics account in the state government special revenue fund.
new text end

new text begin (b) The money in the antibiotics account is appropriated to the commissioner for:
new text end

new text begin (1) monitoring antibiotic resistance;
new text end

new text begin (2) surveillance of antimicrobial-resistant salmonella in retail meats; and
new text end

new text begin (3) monitoring for bacteria, resistant bacteria, and antibiotic residues in drinking
water supplies, including surface water areas downstream from confined animal feeding
operations.
new text end

Sec. 3.

new text begin [25.385] PROHIBITION ON NONTHERAPEUTIC USE OF FEED
CONTAINING CERTAIN ANTIBIOTICS.
new text end

new text begin (a) After January 1, 2008, a person may not sell, buy, or use animal feed, for a
nontherapeutic use, containing fluoroquinolones.
new text end

new text begin (b) After January 1, 2009, a person may not sell, buy, or use animal feed, for a
nontherapeutic use, containing penicillin, tetracycline, erythromycin, lincomycin, tylosin,
virginiamycin, or other antibiotics used in human medicine.
new text end

new text begin (c) The commissioner shall, by rule, prohibit the use of any microbial agents for
growth promotion in animals if the agent is used in human therapies or is known to select
for cross-resistance to microbial agents used in human medicine.
new text end

Sec. 4.

new text begin [115.545] PROHIBITION ON DISPOSAL OF PRESCRIPTION DRUGS.
new text end

new text begin (a) No person shall dispose of any prescription drug containing antibiotics by
depositing the drug into a wastewater disposal system.
new text end

new text begin (b) A violation of this section is subject to enforcement under sections 115.071
and 116.072.
new text end

Sec. 5.

Minnesota Statutes 2006, section 151.212, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Disposal of prescription drugs containing antibiotics. new text end

new text begin In addition to the
requirements of subdivisions 1 to 3, drugs dispensed containing an antibiotic shall bear
a label affixed to the container in which the drug is dispensed and which is received by
the purchaser stating that it is unlawful to dispose of the drug by depositing it in a sink or
toilet or any other wastewater disposal system.
new text end