S03835 Summary:

BILL NOS03835B
 
SAME ASSAME AS A03525-E
 
SPONSORLAVALLE
 
COSPNSRADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN, ESPAILLAT, HOYLMAN, KRUEGER, LATIMER, MARTINS, MONTGOMERY, PARKER, PERKINS, ROBACH, SERRANO, SMITH
 
MLTSPNSR
 
Add S391-t, Gen Bus L; amd SS198 & 201, Ag & Mkts L
 
Provides for the labeling of raw agricultural commodities, processed foods, seed, and seed stock produced with genetic engineering; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.
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S03835 Actions:

BILL NOS03835B
 
02/21/2013REFERRED TO CONSUMER PROTECTION
05/08/2013AMEND AND RECOMMIT TO CONSUMER PROTECTION
05/08/2013PRINT NUMBER 3835A
01/08/2014REFERRED TO CONSUMER PROTECTION
05/23/2014AMEND AND RECOMMIT TO CONSUMER PROTECTION
05/23/2014PRINT NUMBER 3835B
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S03835 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3835--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2013
                                       ___________
 
        Introduced  by  Sens.  LAVALLE, ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN,
          ESPAILLAT, HOYLMAN, KRUEGER,  LATIMER,  MONTGOMERY,  PERKINS,  ROBACH,
          SERRANO,  SMITH -- read twice and ordered printed, and when printed to
          be committed to the Committee  on  Consumer  Protection  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted

          to  said  committee  --  recommitted  to  the  Committee  on  Consumer
          Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the general business law and the agriculture and markets
          law, in relation to the labeling of genetically modified foods
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and intent. The legislature finds that
     2  New York state consumers have the right to know whether the  foods  they
     3  purchase  have  been  produced with genetic engineering so they can make
     4  informed purchasing decisions.
     5    Further the legislature finds that:
     6    (a) Currently, there is no federal law that requires food producers to

     7  identify whether foods were produced with genetic  engineering.  At  the
     8  same time, the United States Food and Drug Administration (FDA) does not
     9  require safety studies of such foods;
    10    (b)  Identification  of  foods  produced  with genetic engineering can
    11  provide a critical  method  for  tracking  effects  of  consuming  foods
    12  produced with genetic engineering;
    13    (c)  More  than  sixty  countries, including key United States trading
    14  partners, have  laws  mandating  disclosure  of  genetically  engineered
    15  foods.  Identifying  foods  produced  with genetic engineering will help
    16  protect our state's export market;
    17    (d) A variety of genetically engineered crops are commercially  culti-
    18  vated  and  sold  in  the  United  States, including corn, canola, sugar
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD02306-26-4

        S. 3835--B                          2
 
     1  beets, soybean, cotton, alfalfa, and papaya. It has been estimated  that
     2  70-80%  of packaged grocery products contain some materials derived from
     3  these genetically engineered crops;
     4    (e)  Without  disclosure,  consumers with certain dietary restrictions
     5  may  unknowingly  consume  such  food  in  violation  of  such   dietary
     6  restrictions;
     7    (f)  Preserving the identity, quality, and reliability of agricultural
     8  products is of prime importance to our state's fiscal health;
     9    (g) The cultivation of genetically engineered crops can cause  serious
    10  environmental impacts;
    11    (h) It is the intent of this act to ensure that New York consumers and

    12  farmers  are fully and reliably informed about whether the food and seed
    13  they purchase and eat were produced with genetic engineering so they may
    14  choose for themselves whether to purchase and eat or use such  food  and
    15  seed;
    16    (i)  It  is  the  intent  of this act only to regulate the labeling of
    17  seed, seed stock, and food for human consumption offered for retail sale
    18  within New York State.
    19    § 2. The general business law is amended by adding a new section 391-t
    20  to read as follows:
    21    § 391-t. Genetically engineered foods; required labeling.  1.    Defi-
    22  nitions. As used in this section, the term:
    23    (a)  "Department"  means  the  state  department  of  agriculture  and
    24  markets.
    25    (b) "Distributor" means a person or business engaged in any method  of

    26  distributing  or  transporting  a food or food product from one place to
    27  another.
    28    (c) "Enzyme" means a protein  that  catalyzes  chemical  reactions  of
    29  other   substances  without  itself  being  destroyed  or  altered  upon
    30  completion of the reactions.
    31    (d) "Genetically engineered," or "genetically modified," or any deriv-
    32  ative of those words, as applied to any food for  human  consumption  or
    33  seed  means produced from or with an organism or organisms with genetics
    34  altered materially through the application of:
    35    (i) in vitro nucleic acid techniques, including  but  not  limited  to
    36  recombinant  deoxyribonucleic  acid  (DNA)  techniques  and  the  direct
    37  injection of nucleic acid into cells or organelles; or

    38    (ii) the fusion of cells beyond the taxonomic  family  that  overcomes
    39  natural  physiological,  reproductive,  or recombinant barriers and that
    40  are not techniques used in traditional breeding and selection.
    41    For purposes of subparagraph (i) of this paragraph, "in vitro  nucleic
    42  acid techniques" include, but are not limited to, recombinant DNA or RNA
    43  techniques  that use vector systems, and techniques involving the direct
    44  introduction into the organisms of hereditary materials prepared outside
    45  the  organisms  such  as  biolistics,  microinjection,  macro-injection,
    46  chemoporation, electroporation, microencapsulation, and liposome fusion.
    47    (e)   "Manufacturer"  means  a  person  or  business  engaged  in  the

    48  production or processing of seed, seed stock, or any food product.
    49    (f) "Medical food" means a food that is formulated to be  consumed  or
    50  administered  enterally under the supervision of a physician and that is
    51  intended for the specific dietary management of a disease  or  condition
    52  for  which  distinctive  nutritional  requirements,  based on recognized
    53  scientific principles, are established by medical evaluation.
    54    (g) "Processed food" means any food  other  than  a  raw  agricultural
    55  commodity, including any food produced from a raw agricultural commodity

        S. 3835--B                          3
 
     1  that  has been subject to processing such as canning, smoking, pressing,

     2  cooking, freezing, dehydration, fermentation, or milling.
     3    (h) "Processing aid" means:
     4    (i)  a  substance that is added to a food during the processing of the
     5  food but is removed in some manner from the food before it  is  packaged
     6  in its finished form;
     7    (ii)  a  substance  that  is  added  to  a  food during processing, is
     8  converted into constituents normally present in the food, and  does  not
     9  significantly increase the amount of the constituents naturally found in
    10  the food; or
    11    (iii)  a  substance that is added to a food for its technical or func-
    12  tional effect in the processing but is present in the finished  food  at
    13  insignificant  levels  and  does  not  have  any technical or functional

    14  effect in that finished food.
    15    (i) "Raw agricultural commodity" means any  plant,  animal,  or  fungi
    16  grown or produced for human food-use purposes.
    17    (j) "Retailer" means a person or business engaged in selling food from
    18  individuals or businesses to the end-user.
    19    2.  Labeling of genetically engineered seed and food. (a) Any food for
    20  human consumption, seed, or seed stock offered for retail  sale  in  New
    21  York is misbranded if it is entirely genetically engineered or partially
    22  produced  with  genetic  engineering  and  that fact is not disclosed as
    23  follows:
    24    (i) In the case of a raw agricultural commodity that is not separately
    25  packaged or labeled, the words "Produced with  Genetic  Engineering"  or

    26  any  other derivative of those words, the initials "GE", "GM", or "GMO",
    27  or a derivative of those phrases, shall be placed on the container  used
    28  for  packaging,  holding,  and/or  transport  in a clear and conspicuous
    29  manner by the manufacturer,  and  maintained  by  the  distributor,  and
    30  displayed in a clear and conspicuous manner on the retail store shelf or
    31  bin in which such commodity is offered for sale by the retailer.
    32    (ii)  In  the  case of a raw agricultural commodity that is separately
    33  packaged or processed food containing some products of genetic engineer-
    34  ing, the manufacturer must label the food, in a  clear  and  conspicuous
    35  manner on the package of such food, with the words "Produced with Genet-

    36  ic  Engineering"  or  any  other derivative of those words, the initials
    37  "GE", "GM", "GMO", or a derivative of those phrases.
    38    (iii) In the case of any seed or seed stock, the manufacturer or other
    39  entity responsible for producing the seed must label the  seed  or  seed
    40  stock container, the sales receipt, and any other reference to identifi-
    41  cation, ownership, or possession, in a clear and conspicuous manner with
    42  the words "Produced with Genetic Engineering" or any other derivative of
    43  those  words,  the  initials "GE", "GM", "GMO", or a derivative of those
    44  phrases.
    45    (b) This section shall not be construed to require either the  listing
    46  or  identification  of any ingredients that were genetically engineered,

    47  nor that the phrase "Produced with Genetic  Engineering"  or  any  other
    48  derivative  of those words, the initials "GE", "GM", "GMO", or a deriva-
    49  tive of those phrases be placed immediately preceding any common name or
    50  primary product descriptor of a food.
    51    (c) Any processed food that would be subject to  this  section  solely
    52  because  it  includes  one or more materials produced with genetic engi-
    53  neering is not misbranded provided that the genetically engineered mate-
    54  rials in the aggregate do not account for more than nine-tenths  of  one
    55  percent of the total weight of the processed food.
    56    (d) This subdivision does not apply to any of the following:

        S. 3835--B                          4
 

     1    (i)  Food  consisting entirely of, or derived entirely from, an animal
     2  that has not itself been produced with genetic  engineering,  regardless
     3  of  whether  the animal has been fed with any food produced with genetic
     4  engineering or treated with any drug or vaccine that has  been  produced
     5  with genetic engineering;
     6    (ii)  A  raw  agricultural commodity, processed food, or seed that has
     7  been grown, raised, produced, or derived without the knowing and  inten-
     8  tional use of genetically engineered seed or food. To be included within
     9  the exclusion under this paragraph, the person or entity responsible for
    10  complying  with  this  subdivision  with  respect  to a raw agricultural
    11  commodity, processed food, seed, or seed stock must obtain, from whomev-

    12  er sold the raw agricultural commodity, processed food,  seed,  or  seed
    13  stock  to  that person, a written statement, which may be included on an
    14  invoice that may be in an electronic form,  that  the  raw  agricultural
    15  commodity,  processed  food, seed, or seed stock: (1) has not been know-
    16  ingly or intentionally produced with genetic engineering;  and  (2)  has
    17  been  segregated  from,  and  has  not  been  knowingly or intentionally
    18  commingled with foods or seeds that may have been produced with  genetic
    19  engineering;
    20    (iii)  Any processed food that would be subject to this section solely
    21  because one or more of the  processing  aids  or  enzymes  used  in  its
    22  production were produced with or derived from genetic engineering;

    23    (iv) Any alcoholic beverage that is subject to regulation by the alco-
    24  holic beverage control law;
    25    (v) Food that has been lawfully certified to be labeled, marketed, and
    26  offered  for  sale  as  "organic"  pursuant to the federal Organic Foods
    27  Production Act of 1990, 7 U.S.C. 6501, et seq. as amended from  time  to
    28  time,  and the National Organic Program regulations promulgated pursuant
    29  thereto by the United States Department of Agriculture;
    30    (vi) Food that is not packaged for sale and  that  either:  (i)  is  a
    31  processed  food prepared and intended for immediate human consumption or
    32  (ii) is served, sold, or otherwise  provided  in  any  restaurant,  food
    33  facility,  or food retailer that is engaged in the sale of food prepared

    34  and intended for immediate human consumption; or
    35    (vii) Medical food.
    36    3. Violations. (a) Any person, firm, corporation, or other legal enti-
    37  ty violating this section shall be subject to the  penalties  for  false
    38  labels  and  misrepresentations  as  set  forth in section three hundred
    39  ninety-two-b of this article, provided however that a retailer shall not
    40  be subject to the penalties under section three hundred ninety-two-b  of
    41  this  article  unless (i) the retailer is the manufacturer of the genet-
    42  ically engineered raw agricultural commodity, processed food,  seed,  or
    43  seed stock and sells the genetically engineered raw agricultural commod-
    44  ity,  processed  food, seed, or seed stock under a brand it owns or (ii)

    45  the retailer's failure to label was knowing and willful.
    46    (b) Any person or entity who violates the requirements of this section
    47  shall be liable for a civil  penalty  of  not  more  than  one  thousand
    48  dollars per day, per product.
    49    4.  Notice  of  violation.  In  any  case where there has been a final
    50  determination by the department, of a violation of any of the provisions
    51  of this section, the department shall  make  available  to  the  public,
    52  without charge, the following information:
    53    (a) the name and business address of the violator;
    54    (b)  the date or dates of inspection of the violator's premises by the
    55  department;

        S. 3835--B                          5
 

     1    (c) the violation that was determined to have occurred, including  the
     2  name of the product; and
     3    (d) the amount of the penalty that was assessed by the department.
     4    5.  Third-party protection; reliance on written statement. A distribu-
     5  tor or retailer that sells a raw agricultural commodity, processed food,
     6  seed, or seed stock that has been produced with genetic engineering that
     7  fails to make the disclosure required pursuant  to  subdivision  two  of
     8  this  section, is not subject to financial liability in any civil action
     9  to enforce this section if the distributor or  retailer  relied  on  the
    10  written  statement  obtained  under  subdivision  two  of  this  section
    11  provided by the manufacturer stating that the raw  agricultural  commod-

    12  ity,  processed  food, seed, or seed stock is not subject to the disclo-
    13  sure requirements under this section.
    14    § 3. Section 198 of the agriculture and  markets  law  is  amended  by
    15  adding a new subdivision 12 to read as follows:
    16    12.  The term: (a) "Distributor" means a person or business engaged in
    17  any method of distributing or transporting a food or food  product  from
    18  one place to another.
    19    (b)  "Enzyme"  means  a  protein  that catalyzes chemical reactions of
    20  other  substances  without  itself  being  destroyed  or  altered   upon
    21  completion of the reactions.
    22    (c) "Genetically engineered," or "genetically modified," or any deriv-
    23  ative  of  those  words, as applied to any food for human consumption or

    24  seed means produced from or with an organism or organisms with  genetics
    25  altered materially through the application of:
    26    (i)  in  vitro  nucleic  acid techniques, including but not limited to
    27  recombinant  deoxyribonucleic  acid  (DNA)  techniques  and  the  direct
    28  injection of nucleic acid into cells or organelles; or
    29    (ii)  the  fusion  of cells beyond the taxonomic family that overcomes
    30  natural physiological, reproductive, or recombinant  barriers  and  that
    31  are not techniques used in traditional breeding and selection.
    32    For  purposes of subparagraph (i) of this paragraph, "in vitro nucleic
    33  acid techniques" include, but are not limited to, recombinant DNA or RNA
    34  techniques that use vector systems and techniques involving  the  direct

    35  introduction into the organisms of hereditary materials prepared outside
    36  the  organisms  such  as  biolistics,  microinjection,  macro-injection,
    37  chemoporation, electroporation, microencapsulation, and liposome fusion.
    38    (d)  "Manufacturer"  means  a  person  or  business  engaged  in   the
    39  production or processing of seed, seed stock, or any food product.
    40    (e)  "Medical  food" means a food that is formulated to be consumed or
    41  administered enterally under the supervision of a physician and that  is
    42  intended  for  the specific dietary management of a disease or condition
    43  for which distinctive  nutritional  requirements,  based  on  recognized
    44  scientific principles, are established by medical evaluation.

    45    (f)  "Processed  food"  means  any  food other than a raw agricultural
    46  commodity, including any food produced from a raw agricultural commodity
    47  that has been subject to processing such as canning, smoking,  pressing,
    48  cooking, freezing, dehydration, fermentation, or milling.
    49    (g) "Processing aid" means:
    50    (i)  a  substance that is added to a food during the processing of the
    51  food but is removed in some manner from the food before it  is  packaged
    52  in its finished form;
    53    (ii)  a  substance  that  is  added  to  a  food during processing, is
    54  converted into constituents normally present in the food, and  does  not
    55  significantly increase the amount of the constituents naturally found in
    56  the food; or

        S. 3835--B                          6
 
     1    (iii)  a  substance that is added to a food for its technical or func-
     2  tional effect in the processing but is present in the finished  food  at
     3  insignificant  levels  and  does  not  have  any technical or functional
     4  effect in that finished food.
     5    (h)  "Raw  agricultural  commodity"  means any plant, animal, or fungi
     6  grown or produced for human food-use purposes.
     7    (i) "Retailer" means a person or business engaged in selling food from
     8  individuals or businesses to the end-user.
     9    § 4. Section 201 of the agriculture and  markets  law  is  amended  by
    10  adding a new subdivision 15 to read as follows:
    11    15.  (a)  Any  food for human consumption, seed, or seed stock offered

    12  for retail sale in New York is misbranded if it is entirely  genetically
    13  engineered  or partially produced with genetic engineering and that fact
    14  is not disclosed as follows:
    15    (i) In the case of a raw agricultural commodity that is not separately
    16  packaged or labeled, the words "produced with  genetic  engineering"  or
    17  any  other derivative of those words, the initials "GE", "GM", or "GMO",
    18  or a derivative of those phrases, shall be placed on the container  used
    19  for  packaging,  holding,  and/or  transport  in a clear and conspicuous
    20  manner by the manufacturer,  and  maintained  by  the  distributor,  and
    21  displayed  in  a clear and conspicuous manner on the retail shelf or bin
    22  in which such commodity is offered for sale by the retailer.

    23    (ii) In the case of a raw agricultural commodity  that  is  separately
    24  packaged or processed food containing some products of genetic engineer-
    25  ing,  the  manufacturer  must label the food, in a clear and conspicuous
    26  manner on the package of such food, with the words "Produced with Genet-
    27  ic Engineering" or any other derivative of  those  words,  the  initials
    28  "GE", "GM", "GMO", or a derivative of those phrases.
    29    (iii) In the case of any seed or seed stock, the manufacturer or other
    30  entity  responsible  for  producing the seed must label the seed or seed
    31  stock container, the sales receipt, and any other reference to identifi-
    32  cation, ownership, or possession, in a clear and conspicuous manner with

    33  the words "Produced with Genetic Engineering" or any other derivative of
    34  those words, the initials "GE,", "GM", "GMO", or a derivative  of  those
    35  phrases.
    36    (b)  This  subdivision  shall  not  be construed to require either the
    37  listing or identification of any ingredients that were genetically engi-
    38  neered, nor that the phrase "Produced with Genetic Engineering"  or  any
    39  other  derivative  of  those words, the initials "GE," "GM", "GMO", or a
    40  derivative of those phrases be placed immediately preceding  any  common
    41  name or primary product descriptor of a food.
    42    (c)  Any  processed  food that would be subject to this section solely
    43  because it includes one or more materials produced  with  genetic  engi-

    44  neering is not misbranded provided that the genetically engineered mate-
    45  rials  in  the aggregate do not account for more than nine-tenths of one
    46  percent of the total weight of the processed food.
    47    (d) This subdivision does not apply to any of the following:
    48    (i) Food consisting entirely of, or derived entirely from,  an  animal
    49  that  has  not itself been produced with genetic engineering, regardless
    50  of whether the animal has been fed with any food produced  with  genetic
    51  engineering  or  treated with any drug or vaccine that has been produced
    52  with genetic engineering;
    53    (ii) A raw agricultural commodity, processed food, or  seed  that  has
    54  been  grown, raised, produced, or derived without the knowing and inten-

    55  tional use of genetically engineered seed or food. To be included within
    56  the exclusion under this paragraph, the person or entity responsible for

        S. 3835--B                          7
 
     1  complying with paragraph (a) of this subdivision with respect to  a  raw
     2  agricultural commodity, processed food, seed, or seed stock must obtain,
     3  from whomever sold the raw agricultural commodity, processed food, seed,
     4  or  seed  stock  must  obtain,  from  whomever sold the raw agricultural
     5  commodity, processed food, seed, or seed stock to that person, a written
     6  statement, which may be included on an invoice that may be in  an  elec-
     7  tronic  form, that the raw agricultural commodity, processed food, seed,

     8  or seed stock: (1) has not been knowingly or intentionally produced with
     9  genetic engineering; and (2) has been segregated from, and has not  been
    10  knowingly  or intentionally commingled with foods or seeds that may have
    11  been produced with genetic engineering;
    12    (iii) Any processed food that would be  subject  to  this  subdivision
    13  solely because one or more of the processing aids or enzymes used in its
    14  production were produced with or derived from genetic engineering;
    15    (iv) Any alcoholic beverage that is subject to regulation by the alco-
    16  holic beverage control law;
    17    (v) Food that has been lawfully certified to be labeled, marketed, and
    18  offered  for  sale  as  "organic"  pursuant to the federal Organic Foods

    19  Production Act of 1990, 7 U.S.C. 6501, et seq. as amended from  time  to
    20  time,  and the National Organic Program regulations promulgated pursuant
    21  thereto by the United States Department of Agriculture;
    22    (vi) Food that is not packaged for sale and  that  either:  (i)  is  a
    23  processed  food prepared and intended for immediate human consumption or
    24  (ii) is served, sold, or otherwise  provided  in  any  restaurant,  food
    25  facility,  or food retailer that is engaged in the sale of food prepared
    26  and intended for immediate human consumption; or
    27    (vii) Medical food.
    28    (e)(i) Any person, firm, corporation, or other legal entity  violating
    29  this  section  shall  be  subject  to the penalties for false labels and

    30  misrepresentations as set forth in section three hundred ninety-two-b of
    31  the general business law, provided however that a retailer shall not  be
    32  subject to the penalties under section three hundred ninety-two-b of the
    33  general  business law unless (1) the retailer is the manufacturer of the
    34  genetically engineered raw agricultural commodity, processed food, seed,
    35  or seed stock and sells  the  genetically  engineered  raw  agricultural
    36  commodity,  processed food, seed, or seed stock under a brand it owns or
    37  (2) the retailer's failure to label was knowing and willful.
    38    (ii) Any person or  entity  who  violates  the  requirements  of  this
    39  section  shall  be liable for a civil penalty of not more than one thou-
    40  sand dollars per day, per product.

    41    (f) In any case where there has been  a  final  determination  by  the
    42  department, of a violation of any of the provisions of this subdivision,
    43  the  department  shall make available to the public, without charge, the
    44  following information:
    45    (i) the name and business address of the violator;
    46    (ii) the date or dates of inspection of the violator's premises by the
    47  department;
    48    (iii) the violation that was determined to  have  occurred,  including
    49  the name of the product; and
    50    (iv) the amount of the penalty that was assessed by the department.
    51    (g) A distributor or retailer that sells a raw agricultural commodity,
    52  processed  food, seed, or seed stock that has been produced with genetic

    53  engineering that fails to  make  the  disclosure  required  pursuant  to
    54  section  three  hundred ninety-one-t of the general business law, is not
    55  subject to financial liability in  any  civil  action  to  enforce  this
    56  section  if  the distributor or retailer relied on the written statement

        S. 3835--B                          8
 
     1  obtained under subdivision two of section three hundred ninety-one-t  of
     2  the  general  business law provided by the manufacturer stating that the
     3  raw agricultural commodity, processed food, seed, or seed stock  is  not
     4  subject to the disclosure requirements under such section.
     5    § 5. Severability clause. If any provision of this act or its applica-
     6  tion  to  any person, legal entity, or circumstance is held invalid, the

     7  remainder of the act or  the  application  of  the  provision  to  other
     8  persons, legal entity or circumstances shall not be affected.
     9    § 6. This act shall take effect twenty-four months after it shall have
    10  become a law; provided, however, that effective immediately, the depart-
    11  ment  of  agriculture  and markets shall adopt any rules and regulations
    12  necessary to implement this act, including, but not limited to, creating
    13  and maintaining a list, which shall be made available to the  public  at
    14  no  cost, of raw agricultural commodities that are produced with genetic
    15  engineering; provided, further, that the department of  agriculture  and
    16  markets is not authorized to create any exemptions beyond those provided
    17  for  in  paragraph  (d) of subdivision 2 of section 391-t of the general
    18  business law as added by section two of this act and  paragraph  (d)  of

    19  subdivision  15  of  section  201  of the agriculture and markets law as
    20  added by section four of this act; this act shall remain in effect until
    21  such time as a comprehensive federal system requiring mandatory labeling
    22  of raw agricultural commodities, processed foods, seed, and  seed  stock
    23  produced  with genetic engineering is implemented, provided however that
    24  nothing contained herein shall prevent the  state  from  exercising  any
    25  concurrent  authority  authorized  by  federal  law;  provided  that the
    26  commissioner of agriculture and markets  shall  notify  the  legislative
    27  bill  drafting  commission  upon  the  occurrence  of the enactment of a
    28  comprehensive federal system requiring mandatory labeling of  raw  agri-
    29  cultural  commodities,  processed  foods,  seed, and seed stock produced
    30  with genetic engineering in order that the commission  may  maintain  an

    31  accurate and timely effective data base of the official text of the laws
    32  of  the  state of New York in furtherance of effectuating the provisions
    33  of section 44 of the legislative law and  section  70-b  of  the  public
    34  officers law.
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