Bill Text: NY A08346 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for the establishment of a program to certify certain feed mills, farms, and sellers of food products which produced or used feed that does not contain animal parts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A08346 Detail]
Download: New_York-2015-A08346-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8346 2015-2016 Regular Sessions I N A S S E M B L Y August 5, 2015 ___________ Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. BRENNAN, CLARK, ROBINSON -- read once and referred to the Committee on Agricul- ture AN ACT to amend the agriculture and markets law, in relation to develop- ment of a program to certify certain feed mills, animals and food products and to amend the state finance law, in relation to establish- ing an animal feed certification and registration fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 16 of the agriculture and markets law is amended by 2 adding a new subdivision 30-b to read as follows: 3 30-B. DEVELOP A PROGRAM TO CERTIFY ANIMALS, AND FOOD PRODUCTS FROM 4 ANIMALS, THAT CONSUMED FEED THAT WAS PRODUCED WITHOUT ADDED ANIMAL PARTS 5 BY FEED MANUFACTURERS REGISTERED UNDER PARAGRAPH (A) OF SUBDIVISION ONE 6 OF SECTION ONE HUNDRED TWENTY-NINE OF THIS CHAPTER. FARMERS AND SELLERS 7 OF FOOD PRODUCTS THAT ELECT TO HAVE THEIR ANIMALS OR FOOD PRODUCTS 8 CERTIFIED UNDER THIS SUBDIVISION MAY ENTER INTO CONTRACTS WITH THE 9 COMMISSIONER FOR INSPECTIONS AND SERVICES NECESSARY FOR SUCH CERTIF- 10 ICATION, WHICH CONTRACTS SHALL REQUIRE PAYMENT BY APPLICANTS OF THE FULL 11 COSTS OF THE SERVICES PROVIDED. 12 S 2. Subdivision 1 of section 129 of the agriculture and markets law, 13 as amended chapter 451 of the laws of 2008, is amended to read as 14 follows: 15 1. (A) THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS FOR THE 16 REGISTRATION OF COMMERCIAL FEED MILLS THAT CERTIFY THE PRODUCTION OF 17 FEED THAT DOES NOT CONTAIN ANY ANIMAL PARTS, PRODUCTS OR REMAINS, 18 INCLUDING MEAT, BONE, BLOOD, GELATIN AND ANY OTHER PARTS OR PRODUCTS. 19 SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS FOR REGISTERING SUCH 20 FEED MANUFACTURERS LOCATED OUTSIDE OF NEW YORK STATE AND FOR RECORD 21 KEEPING. FEED MANUFACTURERS ELECTING TO REGISTER WITH THE DEPARTMENT 22 ACCORDING TO THE RULES AND REGULATIONS OF THIS SUBDIVISION MAY ENTER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04694-01-5 A. 8346 2 1 INTO CONTRACTS WITH THE COMMISSIONER FOR INSPECTIONS AND SERVICES NECES- 2 SARY FOR SUCH CERTIFICATION, WHICH CONTRACTS SHALL REQUIRE PAYMENT BY 3 APPLICANTS OF THE FULL COSTS OF THE SERVICES PROVIDED. 4 (B) No person shall distribute in this state any commercial feed 5 unless he or she is registered pursuant to the provisions of this 6 section. The biennial registration fee shall be one hundred dollars. 7 Application, upon a form prescribed by the commissioner, shall be made 8 on or before June first of every other year for the registration period 9 beginning July first following. Notwithstanding the provisions of this 10 subdivision, a person licensed in accordance with section one hundred 11 twenty-eight-a of this article shall not be required to be registered 12 pursuant to this section. 13 S 3. Subdivision 1 of section 130 of the agriculture and markets law 14 is amended by adding a new paragraph (h) to read as follows: 15 (H) IF THE FEED CONTAINS NO ANIMAL PARTS AND PRODUCTS AND IS PRODUCED 16 BY A MANUFACTURER REGISTERED ACCORDING TO THE RULES AND REGULATIONS OF 17 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION ONE HUNDRED TWENTY-NINE OF 18 THIS ARTICLE, THEN THE FOLLOWING STATEMENT, OR SOME OTHER STATEMENT 19 WHICH SUBSTANTIALLY PROVIDES THE SAME INFORMATION: 20 "THIS PRODUCT CONTAINS NO ADDED ANIMAL PARTS, PRODUCTS OR REMAINS AND 21 WAS PRODUCED AT A FACILITY REGISTERED FOR THIS PURPOSE BY THE NEW YORK 22 STATE DEPARTMENT OF AGRICULTURE AND MARKETS." 23 S 4. The state finance law is amended by adding a new section 99-w to 24 read as follows: 25 S 99-W. ANIMAL FEED CERTIFICATION AND REGISTRATION FUND. 1. THERE IS 26 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE 27 COMMISSIONER OF AGRICULTURE AND MARKETS A FUND TO BE KNOWN AS THE ANIMAL 28 FEED CERTIFICATION AND REGISTRATION FUND. 29 2. SUCH FUND SHALL CONSIST OF ALL REVENUES COLLECTED FROM FARMERS, 30 SELLERS OF ANIMAL DERIVED FOOD PRODUCTS, AND COMMERCIAL FEED MILLS 31 PURSUANT TO SUBDIVISION THIRTY-B OF SECTION SIXTEEN AND PARAGRAPH (A) OF 32 SUBDIVISION ONE OF SECTION ONE HUNDRED TWENTY-NINE OF THE AGRICULTURE 33 AND MARKETS LAW AND ALL OTHER MONIES CREDITED OR TRANSFERRED THERETO 34 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 35 3. THE MONIES IN SUCH FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER 36 OF AGRICULTURE AND MARKETS FOR THE PURPOSES OF THE ANIMAL FEED CERTIF- 37 ICATION AND REGISTRATION PROGRAMS PURSUANT TO SUBDIVISION THIRTY-B OF 38 SECTION SIXTEEN AND PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION ONE 39 HUNDRED TWENTY-NINE OF THE AGRICULTURE AND MARKETS LAW. MONIES SHALL BE 40 PAID OUT ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER PURSUANT TO 41 LAW. 42 S 5. This act shall take effect immediately.