S T A T E O F N E W Y O R K
________________________________________________________________________
3523
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. ORTIZ -- 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.
§ 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
ACCORDING TO THE RULES AND REGULATIONS OF THIS SUBDIVISION MAY ENTER
INTO CONTRACTS WITH THE COMMISSIONER FOR INSPECTIONS AND SERVICES NECES-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08343-01-7
A. 3523 2
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.
§ 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."
§ 4. The state finance law is amended by adding a new section 99-aa to
read as follows:
§ 99-AA. 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.
§ 5. This act shall take effect immediately.