S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to non-
therapeutic use of antimicrobial agents in animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 84 to read as follows:
S 84. NON-THERAPEUTIC USE OF ANTIMICROBIAL AGENTS. 1. AS USED IN THIS
(A) "ANTIMICROBIAL AGENT" SHALL MEAN ANY DRUG OR DERIVATIVE OF A DRUG
THAT IS USED IN HUMANS OR INTENDED FOR USE IN HUMANS TO TREAT OR PREVENT
DISEASE OR INFECTION, OR ANY SUBSTANCE, WHETHER PRODUCED SYNTHETICALLY
OR NATURALLY, USED TO KILL OR INHIBIT THE GROWTH OF BACTERIA, VIRUSES,
FUNGI, PARASITES, OR OTHER MICROORGANISMS.
(B)"NON-THERAPEUTIC USE OF ANTIMICROBIAL AGENTS" SHALL MEAN ANY USE OF
ANTIMICROBIAL AGENTS, INCLUDING WITHOUT LIMITATION AS A FEED OR WATER
ADDITIVE, FOR AN ANIMAL FOR GROWTH PROMOTION, FEED EFFICIENCY, WEIGHT
GAIN, ROUTINE DISEASE PREVENTION, OR OTHER ROUTINE PURPOSE, IN THE
ABSENCE OF ANY CLINICAL SIGN OF DISEASE IN THE ANIMAL.
2. (A) NO PERSON SHALL ENGAGE IN THE NON-THERAPEUTIC USE OF ANTIMICRO-
BIAL AGENTS IN CATTLE, POULTRY, SHEEP, SWINE, OR ANY ANIMAL RAISED FOR
THE PURPOSE OF PROVIDING FOOD FOR HUMAN CONSUMPTION, INCLUDING ANIMALS
THAT PROVIDE NON-MEAT FOOD PRODUCTS SUCH AS EGGS AND MILK.
(B) NO PERSON SHALL SELL, EXPOSE FOR SALE, OR TRANSPORT FOR SALE WITH-
IN THIS STATE, REGARDLESS OF PLACE OF ORIGIN, ANY FOOD PRODUCT DERIVED
FROM AN ANIMAL THAT HAS BEEN SUBJECT TO NON-THERAPEUTIC USE OF ANTIMI-
3. VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 80 2
4. THE COMMISSIONER SHALL PROMULGATE AND ADOPT RULES AND REGULATIONS
TO GIVE FULL EFFECT TO THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such