S T A T E O F N E W Y O R K
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4240
2009-2010 Regular Sessions
I N S E N A T E
April 20, 2009
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Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed 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
S. 4240 2
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
S. 4240 3
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
S. 4240 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.