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

                                  1390

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. BRENNAN,
  CLARK, JACOBS, MAYERSOHN, 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:

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 30-b to read as follows:
  30-B.  DEVELOP  A  PROGRAM  TO CERTIFY ANIMALS, AND FOOD PRODUCTS FROM
ANIMALS, THAT CONSUMED FEED THAT WAS PRODUCED WITHOUT ADDED ANIMAL PARTS
BY FEED MANUFACTURERS REGISTERED UNDER PARAGRAPH (A) OF SUBDIVISION  ONE
OF  SECTION ONE HUNDRED TWENTY-NINE OF THIS CHAPTER. FARMERS AND SELLERS
OF FOOD PRODUCTS THAT ELECT TO  HAVE  THEIR  ANIMALS  OR  FOOD  PRODUCTS
CERTIFIED  UNDER  THIS  SUBDIVISION  MAY  ENTER  INTO CONTRACTS WITH THE
COMMISSIONER FOR INSPECTIONS AND SERVICES  NECESSARY  FOR  SUCH  CERTIF-
ICATION, WHICH CONTRACTS SHALL REQUIRE PAYMENT BY APPLICANTS OF THE FULL
COSTS OF THE SERVICES PROVIDED.
  S  2. Subdivision 1 of section 129 of the agriculture and markets law,
as amended chapter 451 of the laws  of  2008,  is  amended  to  read  as
follows:
  1.  (A) THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS FOR THE
REGISTRATION OF COMMERCIAL FEED MILLS THAT  CERTIFY  THE  PRODUCTION  OF
FEED  THAT  DOES  NOT  CONTAIN  ANY  ANIMAL  PARTS, PRODUCTS OR REMAINS,
INCLUDING MEAT, BONE, BLOOD, GELATIN AND ANY OTHER  PARTS  OR  PRODUCTS.
SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS FOR REGISTERING SUCH
FEED  MANUFACTURERS  LOCATED  OUTSIDE  OF  NEW YORK STATE AND FOR RECORD
KEEPING. FEED MANUFACTURERS ELECTING TO  REGISTER  WITH  THE  DEPARTMENT

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

                                                           LBD04027-01-1

A. 1390                             2

ACCORDING  TO  THE  RULES  AND REGULATIONS OF THIS SUBDIVISION MAY ENTER
INTO CONTRACTS WITH THE COMMISSIONER FOR INSPECTIONS AND SERVICES NECES-
SARY FOR SUCH CERTIFICATION, WHICH CONTRACTS SHALL  REQUIRE  PAYMENT  BY
APPLICANTS OF THE FULL COSTS OF THE SERVICES PROVIDED.
  (B)  No  person  shall  distribute  in  this state any commercial feed
unless he or she is  registered  pursuant  to  the  provisions  of  this
section.  The  biennial  registration  fee shall be one hundred dollars.
Application, upon a form prescribed by the commissioner, shall  be  made
on  or before June first of every other year for the registration period
beginning July first following.  Notwithstanding the provisions of  this
subdivision,  a  person  licensed in accordance with section one hundred
twenty-eight-a of this article shall not be required  to  be  registered
pursuant to this section.
  S  3.  Subdivision 1 of section 130 of the agriculture and markets law
is amended by adding a new paragraph (h) to read as follows:
  (H) IF THE FEED CONTAINS NO ANIMAL PARTS AND PRODUCTS AND IS  PRODUCED
BY  A  MANUFACTURER REGISTERED ACCORDING TO THE RULES AND REGULATIONS OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION ONE HUNDRED  TWENTY-NINE  OF
THIS  ARTICLE,  THEN  THE  FOLLOWING  STATEMENT, OR SOME OTHER STATEMENT
WHICH SUBSTANTIALLY PROVIDES THE SAME INFORMATION:
  "THIS PRODUCT CONTAINS NO ADDED ANIMAL PARTS, PRODUCTS OR REMAINS  AND
WAS  PRODUCED  AT A FACILITY REGISTERED FOR THIS PURPOSE BY THE NEW YORK
STATE DEPARTMENT OF AGRICULTURE AND MARKETS."
  S 4. The state finance law is amended by adding a new section 99-t  to
read as follows:
  S  99-T. ANIMAL FEED CERTIFICATION AND REGISTRATION FUND. 1.  THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF AGRICULTURE AND MARKETS A FUND TO BE KNOWN AS THE ANIMAL
FEED CERTIFICATION AND REGISTRATION FUND.
  2. SUCH FUND SHALL CONSIST OF ALL  REVENUES  COLLECTED  FROM  FARMERS,
SELLERS  OF  ANIMAL  DERIVED  FOOD  PRODUCTS,  AND COMMERCIAL FEED MILLS
PURSUANT TO SUBDIVISION THIRTY-B OF SECTION SIXTEEN AND PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION ONE HUNDRED TWENTY-NINE  OF  THE  AGRICULTURE
AND  MARKETS  LAW  AND  ALL OTHER MONIES CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. THE MONIES IN SUCH FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER
OF AGRICULTURE AND MARKETS FOR THE PURPOSES OF THE ANIMAL  FEED  CERTIF-
ICATION  AND  REGISTRATION  PROGRAMS PURSUANT TO SUBDIVISION THIRTY-B OF
SECTION SIXTEEN AND PARAGRAPH (A) OF  SUBDIVISION  ONE  OF  SECTION  ONE
HUNDRED  TWENTY-NINE OF THE AGRICULTURE AND MARKETS LAW. MONIES SHALL BE
PAID OUT ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER  PURSUANT  TO
LAW.
  S 5. This act shall take effect immediately.