NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3239
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to non-
therapeutic use of antimicrobial agents in animals
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the non-therapeutic use of antimicrobial agents in animals
raised for human consumption.
SUMMARY OF PROVISIONS:
Section 1 of this bill adds a new section 84 to the agriculture and
markets law. This new section 84 sets definitions and prohibits the
non-therapeutic use of antimicrobial agents in cattle, poultry, sheep,
swine, and any other animal raised for human consumption, including
animals that provide non-meat food products. Violation of this section
would be a class A misdemeanor.
Section 2 of this bill sets forth the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION:
The purpose of the bill is to address concerns about antibiotic resist-
ant infections in humans and other potentially adverse effects of
routine exposure to antimicrobial agents in the food supply, as well as
the resulting increase in health care costs. This legislation would ban
the non-therapeutic use of antimicrobial agents in cattle, poultry,
sheep, swine, and any other animal raised for human consumption, includ-
ing animals that provide non-meat food products. Banning the use of
antimicrobial agents in healthy animals is important, as excessive use
may result in stronger and more drug-resistant strains of bacteria,
viruses, parasites, and other microorganisms that endanger human health.
European Union regulation 1831/2003/EC bans antibiotics in livestock
outright, while a federal bill, the "Preservation of Antibiotics for
Medical Treatment Act," (H.R.1587, 2017) exemplifies the momentum behind
this movement in the United States. Well-known organizations concerned
about antibiotic resistance include the Centers for Disease Control, the
World Health Organization, and the American Medical Association.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A11272 Referred to Agriculture
2011-2012: A5582 Referred to Agriculture
2013-2014: A769 Referred to Agriculture
2015-2016: A5948 Referred to Agriculture
2017-2018: A8575 Stricken
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
3239
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to non-
therapeutic use of antimicrobial agents in animals
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 84 to read as follows:
3 § 84. Non-therapeutic use of antimicrobial agents. 1. As used in this
4 section:
5 (a) "Antimicrobial agent" shall mean any drug or derivative of a drug
6 that is used in humans or intended for use in humans to treat or prevent
7 disease or infection, or any substance, whether produced synthetically
8 or naturally, used to kill or inhibit the growth of bacteria, viruses,
9 fungi, parasites, or other microorganisms.
10 (b)"Non-therapeutic use of antimicrobial agents" shall mean any use of
11 antimicrobial agents, including without limitation as a feed or water
12 additive, for an animal for growth promotion, feed efficiency, weight
13 gain, routine disease prevention, or other routine purpose, in the
14 absence of any clinical sign of disease in the animal.
15 2. (a) No person shall engage in the non-therapeutic use of antimicro-
16 bial agents in cattle, poultry, sheep, swine, or any animal raised for
17 the purpose of providing food for human consumption, including animals
18 that provide non-meat food products such as eggs and milk.
19 (b) No person shall sell, expose for sale, or transport for sale with-
20 in this state, regardless of place of origin, any food product derived
21 from an animal that has been subject to non-therapeutic use of antimi-
22 crobial agents.
23 3. Violation of this section shall constitute a class A misdemeanor.
24 4. The commissioner shall promulgate and adopt rules and regulations
25 to give full effect to the provisions of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03203-01-3
A. 3239 2
1 § 2. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
