NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6435
SPONSOR: Lupardo
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to allowing
certain commercial feed to include hemp seed
 
PURPOSE:
The purpose of this legislation is to allow for the inclusion of seeds
including seed hulls and seed meal from industrial hemp plants in
commercial feed solely for pets, specialty pets, horses, and camelids.
This legislation would not authorize such inclusion in commercial feed
for other livestock.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 7 of section 128 of the agriculture and
markets law to provide for the inclusion of hemp seed, including seed
hulls and seed meal, for use in feed for a pet, specialty pet, horse, or
camelid.
Section 2: Establishes the effective date.
 
JUSTIFICATION:
Industrial hemp produces a wide range of useful materials, including
building materials, fibers that can be woven into clothing, chaff for
animal bedding, and seeds that are available on grocery store shelves in
items like granola, snack bars, and cookies. Industrial hemp is feder-
ally approved for each of these uses. This bill would authorize the use
of hemp seeds for certain types of animal feed in New York.
Industrial hemp differs from hemp grown for cannabinoid extraction. CBD
and THC occur in the flower of cannabinoid hemp, and this flower is
neither produced nor harvested from industrial hemp crop. Only the seeds
of the industrial hemp plant, including shell casings and seed meal
resulting from processing hemp hearts for human consumption, would be
authorized for use in animal feed. Studies indicate that industrial hemp
seed provides a high protein, high fiber ingredient for animal consump-
tion. Other states, including Montana and Pennsylvania, have already
passed similar legislation.
Industrial hemp farmers from across the State, along with the National
Hemp Association, support this approach as an industry-sustaining meas-
ure. Protecting industrial hemp production in New York will encourage
greater production and research into the myriad uses of this plant,
including as a renewable building material. It will also open the door
for small, New York-based animal food processors to establish this
marketplace before hemp seeds are authorized for use in commercial feed
nationally.
 
LEGISLATIVE HISTORY:
This is new legislation.
 
FISCAL IMPLICATIONS:
This legislation could result in increased tax revenue due to increased
sales of New York hemp seed product and commercial feed.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6435
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to allowing
certain commercial feed to include hemp seed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 128 of the agriculture and
2 markets law, as added by chapter 816 of the laws of 1974, is amended to
3 read as follows:
4 7. "Commercial feed" means all materials except unmixed whole seeds or
5 physically altered entire unmixed seeds, when not adulterated within the
6 meaning of subdivision one of section one hundred thirty-two of this
7 article, which are distributed for use as feed or for mixing in feed,
8 and includes pet food and specialty pet food. Provided, however, the
9 commissioner by regulation may exempt from this definition, or from
10 specific provisions of this article, commodities such as hay, straw,
11 stover, silage, cobs, husks, hulls, and individual chemical compounds or
12 substances when such commodities, compounds or substances are not
13 inter-mixed or mixed with other materials, and are not adulterated with-
14 in the meaning of subdivision one of section one hundred thirty-two of
15 this article. Provided further, however, that commercial feed may
16 include the addition of hemp seed or hemp seed products for use as feed
17 or for mixing in feed for a pet, specialty pet, horse, or camelid. The
18 term "hemp" shall have the same meaning as defined in section five
19 hundred five of this chapter.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10103-02-3