S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6900
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2019
                                ___________
 
 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.
              

                                                            LBD10918-01-9

 A. 6900                             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-ff to
 read as follows:
   § 99-FF. 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.