Along with the federal guidelines, New York State has laws and rules and regulations regarding the manufacture and distribution of commercial feed. Article 8 of the Agriculture and Markets Law pertains to the sale of livestock food in New York State.
Commercial Feed Manufacturing License
All manufacturers of livestock feed in New York State must be properly licensed. This excludes pet food and specialty food and treats for pets.
There is no fee associated with this license. The license period is annual, expiring at the beginning of each calendar year. Renewals are sent the third week of October.
A copy of the label for each complete feed product or ingredient distributed must be submitted along with the license application (except for customer-formula feed). See Rules Relating to the Manufacture and Distribution of Commercial Feed, section 130 for more information.
"Customer-formula feed" means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured per the specific instructions of the final purchaser, including feed mixed from components supplied by the purchaser.
Commercial Feed Registration
All out-of-state manufacturers or distributors of livestock feed distributed into New York State must be properly registered. This excludes pet food and specialty food and treats for pets.
This registration is also required for in-state distributors and retailers of livestock feed, with the exception of businesses that have a commercial feed manufacturers license at the same location.
The biennial registration fee is $100. A copy of the label for each complete feed product or ingredient distributed must be submitted along with the license application. See Rules Relating to the Manufacture and Distribution of Commercial Feed, section 130 for guidance. Retail stores selling prepackaged feed do not need to submit labels.
Renewal applications are sent out approximately the third week of April on odd years.
Commercial Feed Exemptions
The following materials may be exempt from commercial feed registration:
Unmixed whole seeds or physically altered entire unmixed seeds, when not adulterated
Commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical components or substances, when not mixed with other materials and not adulterated
To register horse treats, in-state manufacturers must complete the Commercial Feed License application and submit it along with a copy of the label(s) for review.
Out-of-state manufacturers and distributers must complete a Commercial Feed Registration application and submit along with the appropriate fee and a copy of the label(s) for review.
If the manufacturer already holds a current commercial feed registration with New York, they do not need to pay for additional feed products submitted for review. Complete the application, enter the establishment and/or entity number at the top, and submit along with the appropriate label(s).
Commercial Feed Tonnage Reporting
Any entity that distributes a complete feed or feed ingredient in New York must submit a Commercial Feed Tonnage Report and the associated fee. This excludes pet food and specialty food and treats for pets.
The fee is ten cents per ton. There is no fee for annual tonnage equaling 100 tons or less. Entities are required to submit the tonnage report even if no tonnage was distributed for the given year.
Applications are sent out approximately the second week of December. The report must be returned by January 30 of each year.
Tonnage reporting is to be submitted annually. We do not accept quarterly reporting of feed tonnage.
Animal food recalls may be conducted on a firm's own initiative, by FDA request, or by FDA order under statutory authority.