S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7658--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2023
                                ___________
 
 Introduced  by  M. of A. SIMONE, KELLES -- read once and referred 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:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 129-b to read as follows:
   § 129-B. DESIGNATION OF CERTAIN PET FOOD AS HUMAN  GRADE  FOOD.  1.  A
 REGISTRANT  WHO  HAS  BEEN APPROVED FOR REGISTRATION PURSUANT TO SECTION
 ONE HUNDRED TWENTY-NINE OF THIS ARTICLE MAY ALSO APPLY  TO  THE  COMMIS-
 SIONER FOR DESIGNATION OR CERTIFICATION, INCLUDING A RENEWAL OF A DESIG-
 NATION  OR  CERTIFICATION, OF A PET FOOD AS NEW YORK STATE DESIGNATED OR
 CERTIFIED HUMAN FOOD GRADE.  AN  APPLICATION  FOR  SUCH  DESIGNATION  OR
 CERTIFICATION  SHALL  BE  MADE  IN THE SAME MANNER AND BE SUBJECT TO THE
 SAME REQUIREMENTS AND CONDITIONS AS SECTIONS ONE HUNDRED TWENTY-NINE AND
 ONE HUNDRED  TWENTY-NINE-A  OF  THIS  ARTICLE;  PROVIDED,  HOWEVER,  THE
 INITIAL  APPLICATION FEE SHALL BE FIVE HUNDRED DOLLARS. THE COMMISSIONER
 SHALL DEVELOP RULES AND REGULATIONS FOR THE APPROVAL OF SUCH DESIGNATION
 OR CERTIFICATION INCLUDING, BUT NOT LIMITED TO, PRODUCTION,  MANUFACTUR-
 ING  AND  LABELING  STANDARDS  REQUIRED  TO BE MET TO ENSURE THE PRODUCT
 WOULD QUALIFY AS HUMAN FOOD GRADE.
   2. (A) A DESIGNATION OR CERTIFICATION OF A PET  FOOD  AS  "HUMAN  FOOD
 GRADE"  UNDER THIS SECTION MEANS THAT THE PET FOOD IS SUITABLE FOR HUMAN
 CONSUMPTION BUT IS INTENDED FOR CONSUMPTION BY PETS AND IS PRODUCED,  AT
 A  MINIMUM,  IN  COMPLIANCE  WITH THE RECOMMENDATIONS OR GUIDELINES OF A
 VOLUNTARY MEMBERSHIP ASSOCIATION OF LOCAL, STATE  AND  FEDERAL  AGENCIES
 CHARGED  BY  LOCAL,  STATE  OR  FEDERAL  LAWS  TO  REGULATE THE SALE AND
 DISTRIBUTION OF ANIMAL FEEDS  OR THE FEDERAL GOVERNMENT  IF  APPLICABLE,
 AND MEETS ANY REQUIREMENTS OF THE COMMISSIONER. A PET FOOD DESIGNATED OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08792-03-3
              

 A. 7658--A                          2
 
 CERTIFIED  UNDER THIS SECTION MAY BE LABELED, ADVERTISED AND REPRESENTED
 AS HUMAN FOOD GRADE, OR USE WORDS, SYMBOLS, OR IMAGES OF  THAT  MEANING.
 THE  COMMISSIONER  MAY  CREATE A SYMBOL, LABEL, OR WORDING THAT A REGIS-
 TRANT  MAY,  BUT  IS  NOT  REQUIRED TO, USE FOR A PET FOOD DESIGNATED OR
 CERTIFIED UNDER THIS SECTION.
   (B) ANY LABEL, ADVERTISEMENT OR REPRESENTATION  IMPLYING  THAT  A  PET
 FOOD  IS  NEW  YORK STATE DESIGNATED OR CERTIFIED HUMAN FOOD GRADE SHALL
 INCLUDE WORDS, SYMBOLS OR IMAGES, OF AT LEAST EQUAL SIZE AS THOSE IMPLY-
 ING THAT IT IS HUMAN FOOD GRADE, CLEARLY INDICATING THAT IT IS  INTENDED
 FOR CONSUMPTION BY PETS OR PARTICULAR CATEGORIES OF PETS.
   (C) NO PERSON MAY LABEL, ADVERTISE OR REPRESENT ANY PRODUCT AS BEING A
 PET  FOOD DESIGNATED OR CERTIFIED BY NEW YORK STATE AS HUMAN FOOD GRADE,
 OR WORDS OF THAT MEANING, OR USING ANY  IMAGE  CONVEYING  THAT  MEANING,
 UNLESS THE PRODUCT IS DESIGNATED OR CERTIFIED UNDER THIS SECTION.
   3.  A  DESIGNATION  OR CERTIFICATION UNDER THIS SECTION SHALL BE VALID
 FOR TWO YEARS FROM THE DATE OF ISSUANCE OR FROM THE DATE OF RENEWAL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.