NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7658A
SPONSOR: Simone TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to using
the term "human food grade" for certain pet food
PURPOSE:
To create a voluntary standard for pet foods to use the term "human food
grade" on their labeling, and to prohibit pet foods that do not meet the
standard from using the term and other misleading words or images.
SUMMARY OF PROVISIONS:
Section 1 adds a new Ag & Mkts L. S 129-b. Creates a new voluntary pet
food designation or certification of New York State designated or certi-
fied "human food grade" and provides the standards that a pet food needs
to meet in order to apply for and receive the designation from the
Department. It also prohibits the advertisement of any pet foods as
human food grade if they do not meet the requirements of this bill for
designation or certification. Provides for an application fee to fund
the program.
§ 2 is the effective date: 180 days after it becomes law.
JUSTIFICATION:
This bill creates a new voluntary legal standard called "human food
grade." Pet food manufacturers that choose to would be able to label and
advertise their products as meeting that standard if they apply to and
are approved by the state Department of Agriculture and Markets. This
will enable pet owners in New York State to clearly identify products
that are intended for pets, but whose ingredients and manufacturing
practices meet the safety and quality standards of human food.
Consumers deserve to know what is in the products they buy for their
pets, and this bill.will add more transparency to the labeling and
advertising of pet foods.
At the federal and state levels, pet foods are regulated as "commercial
feeds" with much more lax ingredient standards than their packaging
implies. Because commercial pet food need only meet "feed-grade" safety
and quality standards, pet food manufacturers can (and routinely do)
take diseased or discarded meat (including euthanized animals), render
it into a powder called "chicken meal" or "beef meal," process it at
high temperatures into kibble pellets, and still label the product with
terms like "premium natural pet food" with images of restaurant-quality
meat and produce.
The bill would help prevent the dishonest representation of pet food
ingredients. This bill is a critical step toward closing the gap between
how pet food is made and how it is advertised to consumers so they can
make informed decisions based on honest representations.
LEGISLATIVE HISTORY:
A.4570 of 2022: Passed Both Houses, Vetoed
FISCAL IMPLICATIONS FOR STATE AND LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the commissioner of
agriculture and markets shall make regulations and take other actions
reasonably necessary to implement this act on that date.
STATE OF NEW YORK
________________________________________________________________________
7658--A
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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,
24 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
1 certified under this section may be labeled, advertised and represented
2 as human food grade, or use words, symbols, or images of that meaning.
3 The commissioner may create a symbol, label, or wording that a regis-
4 trant may, but is not required to, use for a pet food designated or
5 certified under this section.
6 (b) Any label, advertisement or representation implying that a pet
7 food is New York state designated or certified human food grade shall
8 include words, symbols or images, of at least equal size as those imply-
9 ing that it is human food grade, clearly indicating that it is intended
10 for consumption by pets or particular categories of pets.
11 (c) No person may label, advertise or represent any product as being a
12 pet food designated or certified by New York state as human food grade,
13 or words of that meaning, or using any image conveying that meaning,
14 unless the product is designated or certified under this section.
15 3. A designation or certification under this section shall be valid
16 for two years from the date of issuance or from the date of renewal.
17 § 2. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law. Effective immediately, the addition, amend-
19 ment and/or repeal of any rule or regulation necessary for the implemen-
20 tation of this act on its effective date are authorized to be made and
21 completed on or before such effective date.
