Provides for the use of an official state of New York quality trademark for milk and milk products; sets forth requirements and procedures.
Sponsor: ESPAILLAT / Committee: AGRICULTURE
Law Section: Agriculture and Markets Law / Law: Amd S254, add S257-b, Ag & Mkts L
Sponsor: ESPAILLAT / Committee: AGRICULTURE
Law Section: Agriculture and Markets Law / Law: Amd S254, add S257-b, Ag & Mkts L
- Jan 9, 2013: REFERRED TO AGRICULTURE
BILL NUMBER:S834 TITLE OF BILL: 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 PURPOSE: To insure that New York State consumers of milk and milk products are purchasing synthetic rbST free milk and milk products. SUMMARY OF PROVISIONS: Section One of the bill amends Section 254 of the agriculture and markets law to require the Commissioner of Agriculture and Markets to apply to the United States Patent and Trademark Office for registration of a certification trademark or trademarks consisting of the seal of the State, the words "New York" This trademark may only be used on milk and milk products within the State that are in compliance with said articles. Section Two of the bill amends the agriculture and markets law by adding a new section 257-b: * Definition section * States that the Agriculture and Markets department shall adopt rules permitting the use of a certification trademark for Grade A milk" These rules shall require that such trademark can only be used relating to the milk of cows free from synthetic rbST. * Rules will require 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" * If milk producer decides to use synthetic rbST, it must give the department 45 days written notice of such intended use. * Establishment of rules for milk producer to apply for trademark. * Commissioner may suspend or revoke license of those not in compliance with this article. EXISTING LAW: New bill. JUSTIFICATION: Many states, including New York, have introduced legislation which would require a simple labeling of synthetic rBGH-free products. Yet this is no guarantee to consumers that the products they are using are synthetic rBGH-free and many times synthetic rbST and rbST-free products are commingled. Further, the Monsanto corporation, who produces and. sells synthetic rbST is aggressively lobbying states to ban the use of labeling or to issue disclaimers on packages stating that the Federal Food and Drug Administration (FDA) indicates "there is no significant difference in milk from cows treated with artificial growth hormone." It is clear that in New York, the only way to protect consumers from synthetic rbST products is with an official Agriculture and Markets trademark seal." In February, 2007 Monsanto wrote a letter to the Federal Trade Commission (FTC) complaining about rbST labeling adversely effecting Monsanto's rbST products and called for a special commission to investigate "deceptive advertising and labeling practices." The FDA approved synthetic rbST in 1993, under strong opposition from scientists, farmers and consumers. The effects of synthetic rbST have never been fully studied. The FDA relied solely on one study administered by Monsanto in which synthetic rbST was tested for 90 days on 30 rats, The study was never published, and the FDA stated the results showed no significant problems. A European Union scientific commission showed that the use of rbST increased health problems in cows and that synthetic rbST should not be used. Monsanto's own studies indicate the use of rbST in cows increases bovine insulin-like growth factor 1 in milk. (IGF-1) Independent studies have found links between serum levels of IGF-1 and some medical conditions including breast, prostate and colorectal cancer, a higher risk of diabetes, a shorter lifespan in animal studies and has been linked to an increased number of twins born to humans. Synthetic rbST milk contains higher levels of pus, bacteria and antibiotics. The European Union, Canada, Japan, Australia and New Zealand have all banned the use of synthetic rbST...due to numerous animal and human health concerns... Yet Monsanto is using aggressive and deceptive lobbying practices to continue to sell synthetic rbST in the United States Currently the State of Maine requires this practice for all of their dairy products. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: To be determined. LOCAL FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: 180 days after it shall have become law.
S T A T E O F N E W Y O R K
834 2013-2014 Regular Sessions I N SENATE (PREFILED)
January 9, 2013
Introduced by Sen. ESPAILLAT -- 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 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 THIRTEEN, APPLY TO THE UNITED STATES PATENT AND TRADEMARK OFFICE FOR REGISTRATION FOR A CERTIFICATION TRADEMARK OR TRADEMARKS CONSISTING OF A SEAL OF THE STATE, THE WORDS "NEW YORK" AND ANY OTHER APPROPRIATE IDEN TIFYING 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. LBD04085-01-3
S. 834 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. 834 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. 834 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 ARE 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.