Bill Text: NY S04314 | 2023-2024 | General Assembly | Amended


Bill Title: Permits commercial feed manufacturers to use the term "human food grade" for certain pet food if it conforms to certain state and federal standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2023-11-17 - VETOED MEMO.76 [S04314 Detail]

Download: New_York-2023-S04314-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4314--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Agriculture -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the agriculture and markets law, in  relation  to  using
          the term "human food grade" for certain pet food

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 129-b to read as follows:
     3    §  129-b.  Designation  of  certain pet food as human grade food. 1. A
     4  registrant who has been approved for registration  pursuant  to  section
     5  one  hundred  twenty-nine  of this article may also apply to the commis-
     6  sioner for designation or certification, including a renewal of a desig-
     7  nation or certification, of a pet food as New York state  designated  or
     8  certified  human  food  grade.  An  application  for such designation or
     9  certification shall be made in the same manner and  be  subject  to  the
    10  same requirements and conditions as sections one hundred twenty-nine and
    11  one  hundred  twenty-nine-a  of  this  article;  provided,  however, the
    12  initial application fee shall be five hundred dollars. The  commissioner
    13  shall develop rules and regulations for the approval of such designation
    14  or  certification including, but not limited to, production, manufactur-
    15  ing and labeling standards required to be  met  to  ensure  the  product
    16  would qualify as human food grade.
    17    2.  (a)  A  designation  or certification of a pet food as "human food
    18  grade" under this section means that the pet food is suitable for  human
    19  consumption  but is intended for consumption by pets and is produced, at
    20  a minimum, in compliance with the recommendations  or  guidelines  of  a
    21  voluntary  membership  association  of local, state and federal agencies
    22  charged by local, state  or  federal  laws  to  regulate  the  sale  and
    23  distribution  of  animal feeds  or the federal government if applicable,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08792-02-3

        S. 4314--A                          2

     1  and meets any requirements of the commissioner. A pet food designated or
     2  certified under this section may be labeled, advertised and  represented
     3  as  human  food grade, or use words, symbols, or images of that meaning.
     4  The  commissioner  may  create a symbol, label, or wording that a regis-
     5  trant may, but is not required to, use for  a  pet  food  designated  or
     6  certified under this section.
     7    (b)  Any  label,  advertisement  or representation implying that a pet
     8  food is New York state designated or certified human  food  grade  shall
     9  include words, symbols or images, of at least equal size as those imply-
    10  ing  that it is human food grade, clearly indicating that it is intended
    11  for consumption by pets or particular categories of pets.
    12    (c) No person may label, advertise or represent any product as being a
    13  pet food designated or certified by New York state as human food  grade,
    14  or  words  of  that  meaning, or using any image conveying that meaning,
    15  unless the product is designated or certified under this section.
    16    3. A designation or certification under this section  shall  be  valid
    17  for two years from the date of issuance or from the date of renewal.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it  shall have become a law. Effective immediately, the addition, amend-
    20  ment and/or repeal of any rule or regulation necessary for the implemen-
    21  tation of this act on its effective date are authorized to be  made  and
    22  completed on or before such effective date.
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