Bill Text: NY A02915 | 2013-2014 | 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 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to agriculture [A02915 Detail]

Download: New_York-2013-A02915-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2915
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2013
                                      ___________
       Introduced  by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. BRENNAN,
         CLARK, JACOBS, ROBINSON, SCARBOROUGH,  WEISENBERG  --  read  once  and
         referred to the Committee on Agriculture
       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.
                                                                  LBD07179-01-3
       A. 2915                             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-u  to
   24  read as follows:
   25    S  99-U. 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.
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