Bill Text: NY A07658 | 2023-2024 | General Assembly | Amended

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Bill Title: Permits commercial feed manufacturers to use the term "human food grade" for certain pet food if it conforms to certain state and federal standards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-06-07 - substituted by s4314a [A07658 Detail]

Download: New_York-2023-A07658-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7658--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2023
                                       ___________

        Introduced  by  M. of A. SIMONE, KELLES -- read once and referred to the
          Committee  on  Agriculture  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend the agriculture and markets law, in relation to using
          the term "human food grade" for certain pet food

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 129-b to read as follows:
     3    § 129-b. Designation of certain pet food as human  grade  food.  1.  A
     4  registrant  who  has  been approved for registration pursuant to section
     5  one hundred twenty-nine of this article may also apply  to  the  commis-
     6  sioner for designation or certification, including a renewal of a desig-
     7  nation  or  certification, of a pet food as New York state designated or
     8  certified human food grade.  An  application  for  such  designation  or
     9  certification  shall  be  made  in the same manner and be subject to the
    10  same requirements and conditions as sections one hundred twenty-nine and
    11  one hundred  twenty-nine-a  of  this  article;  provided,  however,  the
    12  initial  application fee shall be five hundred dollars. The commissioner
    13  shall develop rules and regulations for the approval of such designation
    14  or certification including, but not limited to, production,  manufactur-
    15  ing  and  labeling  standards  required  to be met to ensure the product
    16  would qualify as human food grade.
    17    2. (a) A designation or certification of a pet  food  as  "human  food
    18  grade"  under this section means that the pet food is suitable for human
    19  consumption but is intended for consumption by pets and is produced,  at
    20  a  minimum,  in  compliance  with the recommendations or guidelines of a
    21  voluntary membership association of local, state  and  federal  agencies
    22  charged  by  local,  state  or  federal  laws  to  regulate the sale and
    23  distribution of animal feeds  or the federal government  if  applicable,
    24  and meets any requirements of the commissioner. A pet food designated or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08792-03-3
        A. 7658--A                          2

     1  certified  under this section may be labeled, advertised and represented
     2  as human food grade, or use words, symbols, or images of  that  meaning.
     3  The  commissioner  may  create a symbol, label, or wording that a regis-
     4  trant  may,  but  is  not  required to, use for a pet food designated or
     5  certified under this section.
     6    (b) Any label, advertisement or representation  implying  that  a  pet
     7  food  is  New  York state designated or certified human food grade shall
     8  include words, symbols or images, of at least equal size as those imply-
     9  ing that it is human food grade, clearly indicating that it is  intended
    10  for consumption by pets or particular categories of pets.
    11    (c) No person may label, advertise or represent any product as being a
    12  pet  food designated or certified by New York state as human food grade,
    13  or words of that meaning, or using any  image  conveying  that  meaning,
    14  unless the product is designated or certified under this section.
    15    3.  A  designation  or certification under this section shall be valid
    16  for two years from the date of issuance or from the date of renewal.
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law. Effective immediately, the addition,  amend-
    19  ment and/or repeal of any rule or regulation necessary for the implemen-
    20  tation  of  this act on its effective date are authorized to be made and
    21  completed on or before such effective date.