AB 249 — Enacts provisions relating to the use of hemp in certain commercial feed. (BDR 51-719)

EXEMPT (Reprinted with amendments adopted on April 21, 2023) FIRST REPRINT A.B.

249 A SSEMBLY BILLB NILLN O.

249–COMMITTEE249–C OMMITTEE ON NNATURAL ATURALRESOURCES R ESOURCES M ARCH 3, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Enacts provisions relating to the use of hemp in certain commercial feed.

authorizing thea Stateresearch Departmentfacility ofto Agriculturesubmit andan theapplication Directorto of the State Department toof takeAgriculture certain actions against an applicant for a license to manufacture,conduct distribute or be a guarantorstudy ofconcerning commercialanimal feed orand athe licenseeuse forand certainimpact violationsof relatinghemp toproducts commercialon feedlivestock containingother hemp;than horses;

authorizing the Department to adopt regulations establishing the application process;

authorizing the Department and the Director of the Department to take certain actions against an applicant for a license to manufacture, distribute or be a guarantor of commercial feed or a licensee for certain violations relating to commercial feed containing hemp;

Existing law establishes provisions for the manufacture, distribution and labeling of commercial feed for animals.

(1) authorizes the use of hemp in pet food, specialty pet food and other commercial feed intended for consumption by horses if the commercial feed is (2)manufactured, requiresdistributed theand Statesold Departmentexclusively ofin Agriculturethis toState adoptfor regulationsuse relatingin toe;this State;

Section 3 prohibits the manufacture, distribution and sale in - *AB249_R1* – 2 – this State of commercial feed containing hemp for consumption by any livestock other than horses.

Section 23.5 of this billbill: defines the term “hemp.” Section 4 of this bill makes conforming changes to indicate the proper placement of sections 2 and 3 inSection 5 of this bill provides that the provisions of section 3 do not apply to customer-formula feed or a contract feeder.

Section(1) 6 of this bill authorizes thea -research *AB249*facility – 2 – Department to refusesubmit toan issueapplication or renew or to suspend,the revokeDepartment or place conditions on an applicant for a license to manufacture,conduct distribute or be a guarantorstudy ofconcerning commercialanimal feed orthat ahorses; licensee for a violation of section 3.

(2) requires any such research to comply with applicable federal laws and requirements prescribed by the Department;

and (3) provides that an animal fed with feed containing hemp, or any products from such an animal, may not be distributed or sold into interstate commerce.

Section 3.5 also authorizes the Department to adopt regulations establishing the application process.

Section 2 of this bill defines the term “hemp.” Section 4 of this bill makes conforming changes Statutes.te the proper placement of sections 2, 3 and 3.5 in the Nevada Revised Section 5 of this bill provides that the provisions of section 3 do not apply to customer-formula feed or a contract feeder.

Section 6 of this bill authorizes the Department to refuse to issue or renew or to suspend, revoke or place conditions on an applicant for a license to manufacture, distribute or be a guarantor of commercial feed or a licensee for a violation of section 3.

(NRS 587.889) Section 7 of this bill provides that pet food, specialty pet food and adulteratedother solelycommercial becausefeed theintended commercialfor feedconsumption containsby hemphorses ifshall thenot commercialbe deemed feed is manufactured and distributed in accordance with the provisions of section 3 and any regulations adopted pursuant thereto.

Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 22, 3 and 33.5 of this act.

3.5.

1.

A research facility may submit an application to the Department to conduct a study concerning animal feed that - *AB249_R1* – 3 – includes research on the use and impact of hemp products on livestock other than horses.

The application must include a detailed description of the study, including, without limitation:

(a) The goals of the study;

(b) The scope of the study;

(c) The methods to be used in conducting the study;

(d) The duration of the study;

and (e) Any other information that is requested by the Department.

2.

Any research conducted pursuant to this section must comply with any applicable federal laws and any requirements prescribed by the Department, including, without limitation, that an animal fed with feed containing hemp, or any products from such an animal, may not be distributed or sold into interstate commerce after the study is completed.

3.

The Department may adopt regulations to carry out the provisions of this section.

Sec.

587.841 As used in NRS 587.841 to 587.899, inclusive, and sections 22, 3 and 33.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 587.843 to 587.861, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

The provisions of NRS 587.841 to 587.899, inclusive, and sections 22, 3 and 33.5 of this act do not apply to customer-customer-formula formula feed, or a manufacturer, distributor or guarantor thereof, or a contract feeder.

(a) “Contract feeder” means a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished or otherwise - *AB249* – 3 – provided to the person and whereby the person’s remuneration is determined in whole or in part by feed consumption, mortality, profits or the amount or quality of the product.

- *AB249_R1* – 4 – 2.

The Department may refuse to issue or renew or may suspend, revoke or place conditions on a license for a violation of any provision of NRS 587.841 to 587.899, inclusive, and sections 22, 3 and 33.5 of this act, but no license may be refused, suspended or revoked or have conditions imposed upon its issuance pursuant to this section until the Department has provided the applicant or licensee an opportunity for a hearing.

and - *AB249* – 4 – (4) Feeding the commercial feed to an animal is not likely to result in a pesticide residue in any edible product of the animal which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.

- *AB249_R1* – 5 – (h) It has been prepared, packaged or held under unsanitary conditions whereby it may have become contaminated with filth or may have been rendered injurious to the health of an animal;

- *AB249* – 5 – Sec.