S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4314--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08792-02-3
              

 S. 4314--A                          2
 
 AND MEETS ANY REQUIREMENTS OF THE COMMISSIONER. A PET FOOD DESIGNATED OR
 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.