S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2610

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. REILLY -- read once and referred to the Committee
  on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to the use
  of an official state of New York quality trademark for milk  and  milk
  products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 254 of the agriculture and markets law  is  amended
by adding a new subdivision (e) to read as follows:
  (E) THE COMMISSIONER SHALL, BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
NINE,  APPLY TO THE UNITED STATES PATENT AND TRADEMARK OFFICE FOR REGIS-
TRATION FOR A CERTIFICATION TRADEMARK OR TRADEMARKS CONSISTING OF A SEAL
OF THE STATE, THE WORDS "NEW YORK" AND ANY OTHER APPROPRIATE IDENTIFYING
WORDS. ANY CERTIFICATION TRADEMARK OBTAINED MAY ONLY BE USED ON MILK AND
MILK PRODUCTS  WITHIN  THE  STATE  WHICH  ARE  IN  COMPLIANCE  WITH  THE
PROVISIONS OF SECTION TWO HUNDRED FIFTY-SEVEN-B OF THIS ARTICLE.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 257-b to read as follows:
  S 257-B. USE OF THE OFFICIAL STATE OF NEW YORK QUALITY  TRADEMARK  FOR
MILK AND MILK PRODUCTS.
  1.  FOR  THE PURPOSE OF THIS SECTION, AND UNLESS THE CONTEXT OTHERWISE
INDICATES, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "APPLICANT" MEANS A PERSON WHO OWNS OR OPERATES A MILK  PLANT,  WHO
HAS  APPLIED FOR AN INITIAL LICENSE TO USE THE STATE OF NEW YORK QUALITY
TRADEMARK FOR MILK OR MILK PRODUCTS AND A LICENSED USER SEEKING TO RENEW
A LICENSE.
  B. "LICENSED USER" MEANS AN OWNER OR OPERATOR OF A MILK PLANT WHO  HAS
APPLIED  FOR  AND  BEEN  ISSUED A LICENSE GRANTING PERMISSION TO USE THE
OFFICIAL QUALITY TRADEMARK ON PACKAGES OR  ADVERTISEMENT  IN  COMPLIANCE
WITH THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01466-01-9

              

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  C.  "MILK PLANT" MEANS ANY PLACE, PREMISES OR ESTABLISHMENT WHERE MILK
OR MILK PRODUCTS ARE COLLECTED, HANDLED, PROCESSED, STORED, PASTEURIZED,
ASEPTICALLY PROCESSED, BOTTLED OR OTHERWISE PREPARED FOR DISTRIBUTION.
  D. "PRODUCED WITHIN THE STATE" MEANS EIGHTY PERCENT OF THE MILK IN ANY
PACKAGE  MUST  HAVE ACTUALLY BEEN PRODUCED WITHIN THE STATE OF NEW YORK.
FOR ANY GIVEN PACKAGE, THE PERCENTAGE OF MILK PRODUCED WITHIN THE  STATE
WILL  BE  DEEMED  TO BE THAT PERCENTAGE OF THE LICENSED USER'S MILK USED
FOR PROCESSING WHICH WAS ACTUALLY PRODUCED WITHIN NEW  YORK  DURING  THE
CALENDAR MONTH.
  E.  "RECOMBINANT  BOVINE  SOMATOTROPIN"  OR  RBST  MEANS THE SYNTHETIC
VERSION OF THE NATURALLY-OCCURRING HORMONE, BOVINE SOMATOTROPIN OR RBST,
PRODUCED THROUGH RECOMBINANT DNA TECHNOLOGY.
  F. "STATE OF NEW YORK QUALITY TRADEMARK" MEANS  THE  OFFICIAL  QUALITY
TRADEMARK  ADOPTED  PURSUANT  TO SECTION TWO HUNDRED FIFTY-FOUR  OF THIS
ARTICLE.
  2. THE GRADE "A" PASTEURIZED MILK ORDINANCE, 1993 REVISION, AS PROMUL-
GATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES  AND,
ALTERNATIVELY,  THE  STANDARDS  SET FORTH IN THIS ARTICLE GOVERNING MILK
AND MILK PRODUCTS ARE HEREBY ADOPTED AS THE OFFICIAL STANDARDS  FOR  NEW
YORK GRADE A MILK.
  3.  A.  THE  DEPARTMENT  SHALL  ADOPT  RULES PERMITTING THE USE OF THE
CERTIFICATION TRADEMARK PROVIDED FOR IN THIS SECTION  ON  MILK  OR  MILK
PRODUCTS.  THE  INITIAL  RULES SHALL INCLUDE LIMITATIONS RELATING TO THE
USE OF MILK FROM COWS THAT HAVE BEEN  TREATED  WITH  RECOMBINANT  BOVINE
SOMATOTROPIN,  REFERRED  TO  IN  THIS SECTION AS "RBST." THE RULES SHALL
INCLUDE A REQUIREMENT THAT THE DEPARTMENT RECEIVE WRITTEN  CONSENT  FROM
PRODUCERS TO DRAW BLOOD FROM THEIR MILKING HERD, EXAMINE HISTORICAL MILK
PRODUCTION  RECORDS,  INSPECT  MEDICINE STORAGE PLACES AND PERFORM OTHER
INSPECTIONS REASONABLY NECESSARY TO VERIFY COMPLIANCE WITH THE TRADEMARK
CRITERIA.
  B. IF THE CRITERIA FOR USE  OF  THE  CERTIFICATION  TRADEMARK  INCLUDE
ABSENCE OF THE USE OF RBST, A MILK PRODUCER IN THIS STATE WHO SELLS MILK
TO  A  MILK  PLANT  THAT  USES THE TRADEMARK MUST NOTIFY THAT MILK PLANT
BEFORE USING RBST WITHIN THE MILKING HERD OF THE PRODUCER'S DAIRY  FARM.
NOTIFICATION  TO  THE  MILK  PLANT MUST BE MADE AT LEAST FORTY-FIVE DAYS
BEFORE USING RBST. NOTIFICATION MUST BE MADE BY CERTIFIED MAIL AND  SENT
TO  THE  MILK  PLANT'S  EMPLOYEE RESPONSIBLE FOR MILK PROCUREMENT AT THE
PLANT LOCATION WHERE  THE  MILK  IS  PROCESSED.  FOR  PURPOSES  OF  THIS
SECTION, "POSSESSION OF RBST" MEANS USE.
  C. IF A MILK PRODUCER FAILS TO GIVE THE MILK PLANT THE NOTICE REQUIRED
IN  PARAGRAPH  B  OF THIS SUBDIVISION, THE MILK PLANT IS NOT REQUIRED TO
COMPLY WITH  ANY  APPLICABLE  NOTICE  REQUIREMENTS  BEFORE  REFUSING  TO
CONTINUE TO PURCHASE MILK UNDER ANY CONTRACT WITH THAT MILK PRODUCER.
  4. AN APPLICANT MUST MEET THE CRITERIA OUTLINED IN THIS SUBDIVISION IN
ORDER  TO  OBTAIN A STATE OF NEW YORK QUALITY TRADEMARK LICENSE FOR MILK
OR MILK PRODUCTS:
  A. AN APPLICANT MUST OBTAIN AN ORIGINAL AFFIDAVIT EXECUTED WITHIN  THE
PRECEDING  SIX MONTHS FROM EACH MILK PRODUCER AND OTHER MILK PLANTS FROM
WHOM THE APPLICANT REGULARLY PURCHASES OR INTENDS TO  PURCHASE  MILK  OR
MILK  PRODUCTS.  ALL  AFFIDAVITS MUST BE IN COMPLIANCE WITH THE REQUIRE-
MENTS OF SUBDIVISION SEVEN OF THIS SECTION.
  B. AN APPLICANT MUST PROVIDE THE DEPARTMENT WITH AN AFFIDAVIT  SETTING
FORTH THE CURRENT LIST OF MILK PRODUCERS AND OTHER MILK PLANTS FROM WHOM
THE  APPLICANT  REGULARLY  PURCHASES OR INTENDS TO PURCHASE MILK STATING
THAT THE MILK PRODUCERS AND MILK PLANTS  HAVE  FURNISHED  AFFIDAVITS  IN
COMPLIANCE WITH SUBDIVISION SEVEN OF THIS SECTION. AN APPLICANT WHO OWNS

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OR  OPERATES  A  DAIRY FARM WHERE SALES OF MILK PRODUCED ON THE FARM ARE
MADE DIRECTLY TO CONSUMERS SHALL ALSO PROVIDE  THE  DEPARTMENT  WITH  AN
AFFIDAVIT  IN  THE FORM PRESCRIBED FOR PRODUCERS BY SUBDIVISION SEVEN OF
THIS  SECTION. THE AFFIDAVIT OF AN APPLICANT SHALL ALSO CONTAIN A STATE-
MENT THAT THE APPLICANT BELIEVES THAT THE MILK THE APPLICANT HAS OR WILL
PURCHASE OR PRODUCE IS FROM COWS NOT TREATED WITH RBST.
  C. AN APPLICANT WHO HAS PREVIOUSLY HELD A LICENSE  OR  IS  A  LICENSED
USER  WHO  IS  APPLYING  FOR  A RENEWAL OF AN EXISTING LICENSE MUST HAVE
SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS OF THIS SECTION WHILE EXER-
CISING THE PRIVILEGES OF THE LICENSE.
  D. AN APPLICANT MUST OBTAIN WRITTEN CONSENT FROM  EACH  MILK  PRODUCER
FROM  WHOM THE APPLICANT REGULARLY PURCHASES OR INTENDS TO PURCHASE MILK
OR MILK PRODUCTS ALLOWING THE DEPARTMENT TO DRAW BLOOD FROM THE  MILKING
HERD,  EXAMINE MILK PRODUCTION RECORDS, INSPECT MEDICINE STORAGE PLACES,
AND REVIEW SUCH BUSINESS RECORDS AS ARE REASONABLY NECESSARY  TO  VERIFY
COMPLIANCE WITH THIS SECTION.
  5.  A.  LICENSED  USERS MUST OBTAIN NEW AFFIDAVITS FROM MILK PRODUCERS
AND MILK PLANTS FROM WHOM MILK IS PURCHASED ON AN ANNUAL BASIS.
  B. LICENSED USERS SHALL FILE SUPPLEMENTAL AFFIDAVITS WITH THE  DEPART-
MENT  SHOWING  THE  ADDITION  OF  ANY  MILK PRODUCERS OR MILK PLANTS NOT
MENTIONED IN THE AFFIDAVIT FURNISHED UNDER PARAGRAPH  B  OF  SUBDIVISION
FOUR  OF  THIS  SECTION,  AND SHALL OBTAIN THE APPLICABLE AFFIDAVITS AND
CONSENTS UNDER SUBDIVISION SEVEN OF THIS SECTION AS SOON AS  PRACTICABLE
FOLLOWING  THE  FORMATION  OF  ANY  CONTRACT  OR  ARRANGEMENT  FOR  MILK
PURCHASES WITH ANY NEW MILK PRODUCER OR MILK PLANT.
  C. ALL AFFIDAVITS REQUIRED TO BE OBTAINED FROM MILK PRODUCERS AND MILK
PLANTS MUST BE IN COMPLIANCE WITH SUBDIVISION SEVEN OF THIS SECTION  AND
BE  MAINTAINED  ON FILE AND MADE AVAILABLE FOR INSPECTION BY THE DEPART-
MENT AT ALL REASONABLE TIMES.
  D. A LICENSED USER MUST OBTAIN WRITTEN CONSENT FROM EACH MILK PRODUCER
FROM WHOM THE LICENSED USER PURCHASES OR INTENDS TO  PURCHASE  MILK,  OR
MILK  PRODUCTS  ALLOWING  THE  DEPARTMENT TO DRAW BLOOD FROM THE MILKING
HERD, EXAMINE MILK PRODUCTION RECORDS, INSPECT MEDICINE STORAGE  PLACES,
AND  REVIEW  SUCH BUSINESS RECORDS AS ARE REASONABLY NECESSARY TO VERIFY
COMPLIANCE WITH THIS RULE. LICENSED USERS MUST RETAIN AND MAKE THE WRIT-
TEN CONSENTS AVAILABLE TO THE DEPARTMENT AT ALL REASONABLE TIMES.
  E. IN DISPLAYING OR ADVERTISING THE STATE OF NEW YORK  QUALITY  TRADE-
MARK  AND  MAKING  ANY STATEMENTS, CLAIMS OR EXPLANATIONS WITH REGARD TO
THE ABSENCE OF RBST, LICENSED USERS MUST FOLLOW  ANY  AND  ALL  LABELING
REGULATIONS  OR  OTHER ENFORCEABLE GUIDELINES AS PRESCRIBED FROM TIME TO
TIME BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. ANY VIOLATION OF
THIS SECTION MAY RESULT IN SANCTIONS AND  SUSPENSION  OR  REVOCATION  OF
SAID LICENSE.
  F.  LICENSED  USERS  MUST DEMONSTRATE COMPLIANCE AT ALL TIMES WITH ALL
APPLICABLE FEDERAL OR STATE LAWS AND REGULATIONS AND MILK MUST MEET  THE
STANDARDS ESTABLISHED BY THIS CHAPTER FOR NEW YORK GRADE A MILK.
  G.  LICENSED USERS MAY AFFIX THE TRADEMARK ONLY TO PACKAGES CONTAINING
MILK PRODUCED WITHIN THE STATE.
  6. THE COMMISSIONER, OR A DULY AUTHORIZED AGENT OF  THE  COMMISSIONER,
MAY PERFORM INSPECTIONS AS AUTHORIZED BY THE WRITTEN CONSENTS WHICH MUST
BE OBTAINED UNDER THESE RULES.
  7.  LICENSED USERS SHALL FILE AFFIDAVITS REQUIRED IN SUBDIVISIONS FOUR
AND FIVE OF THIS SECTION ON FORMS AS PRESCRIBED  AND  FURNISHED  BY  THE
COMMISSIONER.
  A.  IN  THE  CASE OF AFFIDAVITS SUPPLIED BY MILK PRODUCERS TO LICENSED
USERS, THE AFFIDAVITS SHALL CONTAIN, AT A MINIMUM,  THE  FULL  NAME  AND

A. 2610                             4

ADDRESS OF THE MILK PRODUCER AND A SWORN STATEMENT STATING THAT THE MILK
PRODUCER  HAS  NOT  USED,  RECOMBINANT BOVINE SOMATOTROPIN (RBST) IN THE
PREVIOUS SIXTY DAYS, DOES NOT POSSESS, AND DOES NOT INTEND TO USE (RBST)
DURING  THE  UPCOMING  YEAR. THE AFFIDAVIT OF A MILK PRODUCER SHALL ALSO
CONTAIN THE CONSENT REQUIRED BY PARAGRAPH B OF SUBDIVISION FIVE OF  THIS
SECTION AND A STATEMENT ACKNOWLEDGING THAT:
  (I)  A  MILK PRODUCER IN THIS STATE WHO SELLS MILK TO A MILK PLANT WHO
USES THE TRADEMARK MUST NOTIFY THAT MILK PLANT BEFORE USING RBST  WITHIN
THE MILKING HERD OF THE PRODUCER'S DAIRY FARM;
  (II)  NOTIFICATION TO THE DEALER MUST BE MADE AT LEAST FORTY-FIVE DAYS
BEFORE USING RBST; AND
  (III) NOTIFICATION MUST BE MADE BY CERTIFIED MAIL AND SENT TO THE MILK
PLANT'S EMPLOYEE RESPONSIBLE FOR MILK PROCUREMENT AT THE PLANT  LOCATION
WHERE THE MILK IS PROCESSED.
  B.  IN  THE CASE OF AFFIDAVITS SUPPLIED BY OWNERS OR OPERATORS OF MILK
PLANTS TO LICENSED USERS, THE AFFIDAVITS SHALL CONTAIN,  AT  A  MINIMUM,
THE  FULL NAME AND ADDRESS OF THE MILK PLANT AND A SWORN STATEMENT STAT-
ING THAT THE MILK PLANT  POSSESSES,  AND  WILL  MAKE  AVAILABLE  TO  THE
DEPARTMENT,  AFFIDAVITS AND CONSENTS IN COMPLIANCE WITH THIS SUBDIVISION
FROM ALL PRODUCERS WHOSE MILK OR MILK PRODUCTS IS SUPPLIED BY  THE  MILK
PLANT TO THE LICENSED USER.
  8.  THE  COMMISSIONER MAY SUSPEND OR REVOKE LICENSES ISSUED UNDER THIS
ARTICLE FOR VIOLATION OF ANY PROVISIONS OF THIS SECTION. THE FAILURE  TO
COMPLY  WITH  THE REQUIREMENTS OF THIS SECTION SHALL BE SUFFICIENT CAUSE
FOR THE SUSPENSION OR REVOCATION OF THE LICENSE.
  9. RECORDS AND AFFIDAVITS REQUIRED TO BE MAINTAINED BY LICENSED  USERS
MAY BE DISCARDED AFTER THREE YEARS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.