Add §391-u, Gen Bus L; amd §§198 & 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A617B
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the general business law and the agri-
culture and markets law, in relation to the labeling of genetically
modified foods
PURPOSE OR GENERAL IDEA OF BILL: To require the labeling of genet-
ically engineered seed, seed stock, and human food offered for retail
sale in New York.
SUMMARY OF SPECIFIC PROVISIONS:
Section one outlines the legislative intent
Section two defines genetically engineered foods and provides for
certain exemptions
Section three and four makes conforming changes to the Agriculture and
Markets Law
Section five sets forth the severability clause Section six sets forth
the effective date
JUSTIFICATION: Genetic engineering (genetic modification) is a type of
biotechnology that allows for the altering of genetic material contained
in an organism such that it changes the character traits displayed by
the organism while it develops and grows. The altering of an organism's
genetic material can occur by the introduction of new genetic material
derived from similar species or unrelated species, or by altering the
organism's existing genetic material. Genetic engineering is not the
same as traditional breeding techniques in that it involves methodol-
ogies that transcend natural reproductive processes.
In agriculture, genetic engineering has been overwhelmingly used to
create crops that are herbicide-tolerant, insect-resistant, or both.
For example, Bt corn plants are varieties of corn that have been genet-
ically engineered to produce a toxin derived from the bacteria Bacillus
thuringiensis (Bt) that is deadly to certain insects that attack corn.
The modified genetic material from the bacteria is inserted into the
corn plant DNA such that the corn now produces its own supply of Bt
toxin in most tissues, throughout its lifespan, making it deadly to
those insects. Most Bt corn plants have been engineered to be herbi-
cide-tolerant as well.
Genetically engineered (also, "GE" or "GMO") crops were introduced
commercially in the U.S. in 1996. Today, GE varieties of corn, soybean,
sugar beets, and cotton are the most prevalent, growing on more than 90%
of the U.S. acreage growing these crops. GE canola, alfalfa, Hawaiian
papaya, and varieties of squash and zucchini are also being cultivated.
A GE potato was recently approved and may begin cultivation in 2015;
other crops as well as a GE salmon are awaiting approval. It has been
estimated that 70-80% of packaged grocery products (processed foods)
contain materials derived from these genetically engineered crops. GE
Hawaiian papaya, GE squash/zucchini, and varieties of sweet corn could
be sold directly to consumers. More than 60 countries have laws mandat-
ing disclosure of genetically engineered foods; there is no federal law
mandating such disclosure in the U.S. The purpose of this bill is to
provide New York consumers with the ability to make an informed choice
whether to purchase genetically engineered foods through mandated prod-
uct labeling.
PRIOR LEGISLATIVE HISTORY:
A.3525E of 2013-2014
A.1367 of 2012-2013
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect twenty-four months after it shall have become
law; however, effective immediately, the department of Agriculture and
Markets shall adopt any rules and regulations necessary to implement
this act.
STATE OF NEW YORK
________________________________________________________________________
617--B
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, PEOPLES-STOKES, THIELE,
KEARNS, SEPULVEDA, MOYA, LAVINE, COLTON, COOK, GALEF, ENGLEBRIGHT,
MAGNARELLI, SIMOTAS, SCHIMEL, STECK, BENEDETTO, PERRY, QUART, CLARK,
SKARTADOS, ABINANTI, WEPRIN, OTIS, GOLDFEDER, MOSLEY, ORTIZ, ROZIC,
CRESPO, PICHARDO, DAVILA, ARROYO, KIM, ROBINSON, KAVANAGH, JAFFEE,
SEAWRIGHT, RAMOS, GOTTFRIED, KAMINSKY, BLAKE, BICHOTTE, LINARES,
MURRAY, HOOPER, CAHILL, RICHARDSON -- Multi-Sponsored by -- M. of A.
BARRON, BRAUNSTEIN, BRENNAN, BRINDISI, CERETTO, CURRAN, FAHY, FARRELL,
GLICK, HEVESI, JEAN-PIERRE, KATZ, LENTOL, LIFTON, MARKEY, MAYER, McDO-
NALD, NOLAN, PAULIN, RIVERA, RODRIGUEZ, SIMON, WALKER, WEINSTEIN --
read once and referred to the Committee on Consumer Affairs and
Protection -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on
Consumer Affairs and Protection in accordance with Assembly Rule 3,
sec. 2 -- 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03147-06-6
A. 617--B 2
1 (b) Identification of foods produced with genetic engineering can
2 provide a critical method for tracking effects of consuming foods
3 produced with genetic engineering;
4 (c) More than sixty countries, including key United States trading
5 partners, have laws mandating disclosure of genetically engineered
6 foods. Identifying foods produced with genetic engineering will help
7 protect our state's export market;
8 (d) A variety of genetically engineered crops are commercially culti-
9 vated and sold in the United States, including corn, canola, sugar
10 beets, soybean, cotton, alfalfa, and papaya. It has been estimated that
11 70-80% of packaged grocery products contain some materials derived from
12 these genetically engineered crops;
13 (e) Without disclosure, consumers with certain dietary restrictions
14 may unknowingly consume such food in violation of such dietary
15 restrictions;
16 (f) Preserving the identity, quality, and reliability of agricultural
17 products is of prime importance to our state's fiscal health;
18 (g) The cultivation of genetically engineered crops can cause serious
19 environmental impacts;
20 (h) It is the intent of this act to ensure that New York consumers and
21 farmers are fully and reliably informed about whether the food and seed
22 they purchase and eat were produced with genetic engineering so they may
23 choose for themselves whether to purchase and eat or use such food and
24 seed;
25 (i) It is the intent of this act only to regulate the labeling of
26 seed, seed stock, and food for human consumption offered for retail sale
27 within New York State.
28 § 2. The general business law is amended by adding a new section 391-u
29 to read as follows:
30 § 391-u. Genetically engineered foods; required labeling. 1. Defi-
31 nitions. As used in this section, the term:
32 (a) "Department" means the state department of agriculture and
33 markets.
34 (b) "Distributor" means a person or business engaged in any method of
35 distributing or transporting a food or food product from one place to
36 another.
37 (c) "Enzyme" means a protein that catalyzes chemical reactions of
38 other substances without itself being destroyed or altered upon
39 completion of the reactions.
40 (d) "Genetically engineered," or "genetically modified," or any deriv-
41 ative of those words, as applied to any food for human consumption or
42 seed means produced from or with an organism or organisms with genetics
43 altered materially through the application of:
44 (i) in vitro nucleic acid techniques, including but not limited to
45 recombinant deoxyribonucleic acid (DNA) techniques and the direct
46 injection of nucleic acid into cells or organelles; or
47 (ii) the fusion of cells beyond the taxonomic family that overcomes
48 natural physiological, reproductive, or recombinant barriers and that
49 are not techniques used in traditional breeding and selection.
50 For purposes of subparagraph (i) of this paragraph, "in vitro nucleic
51 acid techniques" include, but are not limited to, recombinant DNA or RNA
52 techniques that use vector systems, and techniques involving the direct
53 introduction into the organisms of hereditary materials prepared outside
54 the organisms such as biolistics, microinjection, macro-injection,
55 chemoporation, electroporation, microencapsulation, and liposome fusion.
A. 617--B 3
1 (e) "Manufacturer" means a person or business engaged in the
2 production or processing of seed, seed stock, or any food product.
3 (f) "Medical food" means a food that is formulated to be consumed or
4 administered enterally under the supervision of a physician and that is
5 intended for the specific dietary management of a disease or condition
6 for which distinctive nutritional requirements, based on recognized
7 scientific principles, are established by medical evaluation.
8 (g) "Processed food" means any food other than a raw agricultural
9 commodity, including any food produced from a raw agricultural commodity
10 that has been subject to processing such as canning, smoking, pressing,
11 cooking, freezing, dehydration, fermentation, or milling.
12 (h) "Processing aid" means:
13 (i) a substance that is added to a food during the processing of the
14 food but is removed in some manner from the food before it is packaged
15 in its finished form;
16 (ii) a substance that is added to a food during processing, is
17 converted into constituents normally present in the food, and does not
18 significantly increase the amount of the constituents naturally found in
19 the food; or
20 (iii) a substance that is added to a food for its technical or func-
21 tional effect in the processing but is present in the finished food at
22 insignificant levels and does not have any technical or functional
23 effect in that finished food.
24 (i) "Stock-keeping unit," for purposes of subdivision three of this
25 section, shall mean all of a group of food items of the same brand,
26 quantity of contents, retail price, and variety.
27 (j) "Raw agricultural commodity" means any plant, animal, or fungi
28 grown or produced for human food-use purposes.
29 (k) "Retailer" means a person or business engaged in selling food from
30 individuals or businesses to the end-user.
31 2. Labeling of genetically engineered seed and food. (a) Any food for
32 human consumption, seed, or seed stock offered for retail sale in New
33 York is misbranded if it is entirely genetically engineered or partially
34 produced with genetic engineering and that fact is not disclosed as
35 follows:
36 (i) In the case of a raw agricultural commodity that is not separately
37 packaged or labeled, the words "Produced with Genetic Engineering" or
38 any other derivative of those words, the initials "GE", "GM", or "GMO",
39 or a derivative of those phrases, shall be placed on the container used
40 for packaging, holding, and/or transport in a clear and conspicuous
41 manner by the manufacturer, and maintained by the distributor, and
42 displayed in a clear and conspicuous manner on the retail store shelf or
43 bin in which such commodity is offered for sale by the retailer.
44 (ii) In the case of a raw agricultural commodity that is separately
45 packaged or processed food containing some products of genetic engineer-
46 ing, the manufacturer must label the food, in a clear and conspicuous
47 manner on the package of such food, with the words "Produced with Genet-
48 ic Engineering" or any other derivative of those words, the initials
49 "GE", "GM", "GMO", or a derivative of those phrases.
50 (iii) In the case of any seed or seed stock, the manufacturer or other
51 entity responsible for producing the seed must label the seed or seed
52 stock container, the sales receipt, and any other reference to identifi-
53 cation, ownership, or possession, in a clear and conspicuous manner with
54 the words "Produced with Genetic Engineering" or any other derivative of
55 those words, the initials "GE", "GM", "GMO", or a derivative of those
56 phrases.
A. 617--B 4
1 (b) This section shall not be construed to require either the listing
2 or identification of any ingredients that were genetically engineered,
3 nor that the phrase "Produced with Genetic Engineering" or any other
4 derivative of those words, the initials "GE", "GM", "GMO", or a deriva-
5 tive of those phrases be placed immediately preceding any common name or
6 primary product descriptor of a food.
7 (c) Any processed food that would be subject to this section solely
8 because it includes one or more materials produced with genetic engi-
9 neering is not misbranded provided that the genetically engineered mate-
10 rials in the aggregate do not account for more than nine-tenths of one
11 percent of the total weight of the processed food.
12 (d) This subdivision does not apply to any of the following:
13 (i) Food consisting entirely of, or derived entirely from, an animal
14 that has not itself been produced with genetic engineering, regardless
15 of whether the animal has been fed with any food produced with genetic
16 engineering or treated with any drug or vaccine that has been produced
17 with genetic engineering;
18 (ii) A raw agricultural commodity, processed food, or seed that has
19 been grown, raised, produced, or derived without the knowing and inten-
20 tional use of genetically engineered seed or food. To be included within
21 the exclusion under this paragraph, the person or entity responsible for
22 complying with this subdivision with respect to a raw agricultural
23 commodity, processed food, seed, or seed stock must obtain, from whomev-
24 er sold the raw agricultural commodity, processed food, seed, or seed
25 stock to that person, a written statement, which may be included on an
26 invoice that may be in an electronic form, that the raw agricultural
27 commodity, processed food, seed, or seed stock: (1) has not been know-
28 ingly or intentionally produced with genetic engineering; and (2) has
29 been segregated from, and has not been knowingly or intentionally
30 commingled with foods or seeds that may have been produced with genetic
31 engineering;
32 (iii) Any processed food that would be subject to this section solely
33 because one or more of the processing aids or enzymes used in its
34 production were produced with or derived from genetic engineering;
35 (iv) Any alcoholic beverage that is subject to regulation by the alco-
36 holic beverage control law;
37 (v) Food that has been lawfully certified to be labeled, marketed, and
38 offered for sale as "organic" pursuant to the federal Organic Foods
39 Production Act of 1990, 7 U.S.C. 6501, et seq. as amended from time to
40 time, and the National Organic Program regulations promulgated pursuant
41 thereto by the United States Department of Agriculture;
42 (vi) Food that is not packaged for sale and that either: (i) is a
43 processed food prepared and intended for immediate human consumption or
44 (ii) is served, sold, or otherwise provided in any restaurant, food
45 facility, or food retailer that is engaged in the sale of food prepared
46 and intended for immediate human consumption; or
47 (vii) Medical food.
48 3. Violation. Any person or entity who violates the requirements of
49 this section shall be liable for a civil penalty of not more than one
50 thousand dollars, per day, per stock-keeping unit, provided however that
51 no liability shall arise under this section until after said person or
52 entity is given formal notice of the violation.
53 4. Notice of violation. In any case where there has been a final
54 determination by the department, of a violation of any of the provisions
55 of this section, the department shall make available to the public,
56 without charge, the following information:
A. 617--B 5
1 (a) the name and business address of the violator;
2 (b) the date or dates of inspection of the violator's premises by the
3 department;
4 (c) the violation that was determined to have occurred, including the
5 name of the product; and
6 (d) the amount of the penalty that was assessed by the department.
7 5. Third-party protection; reliance on written statement. A distribu-
8 tor or retailer that sells a raw agricultural commodity, processed food,
9 seed, or seed stock that has been produced with genetic engineering that
10 fails to make the disclosure required pursuant to subdivision two of
11 this section, is not subject to financial liability in any civil action
12 to enforce this section if the distributor or retailer relied on the
13 written statement obtained under subdivision two of this section
14 provided by the manufacturer stating that the raw agricultural commod-
15 ity, processed food, seed, or seed stock is not subject to the disclo-
16 sure requirements under this section.
17 § 3. Section 198 of the agriculture and markets law is amended by
18 adding a new subdivision 12 to read as follows:
19 12. The term: (a) "Distributor" means a person or business engaged in
20 any method of distributing or transporting a food or food product from
21 one place to another.
22 (b) "Enzyme" means a protein that catalyzes chemical reactions of
23 other substances without itself being destroyed or altered upon
24 completion of the reactions.
25 (c) "Genetically engineered," or "genetically modified," or any deriv-
26 ative of those words, as applied to any food for human consumption or
27 seed means produced from or with an organism or organisms with genetics
28 altered materially through the application of:
29 (i) in vitro nucleic acid techniques, including but not limited to
30 recombinant deoxyribonucleic acid (DNA) techniques and the direct
31 injection of nucleic acid into cells or organelles; or
32 (ii) the fusion of cells beyond the taxonomic family that overcomes
33 natural physiological, reproductive, or recombinant barriers and that
34 are not techniques used in traditional breeding and selection.
35 For purposes of subparagraph (i) of this paragraph, "in vitro nucleic
36 acid techniques" include, but are not limited to, recombinant DNA or RNA
37 techniques that use vector systems and techniques involving the direct
38 introduction into the organisms of hereditary materials prepared outside
39 the organisms such as biolistics, microinjection, macro-injection,
40 chemoporation, electroporation, microencapsulation, and liposome fusion.
41 (d) "Manufacturer" means a person or business engaged in the
42 production or processing of seed, seed stock, or any food product.
43 (e) "Medical food" means a food that is formulated to be consumed or
44 administered enterally under the supervision of a physician and that is
45 intended for the specific dietary management of a disease or condition
46 for which distinctive nutritional requirements, based on recognized
47 scientific principles, are established by medical evaluation.
48 (f) "Processed food" means any food other than a raw agricultural
49 commodity, including any food produced from a raw agricultural commodity
50 that has been subject to processing such as canning, smoking, pressing,
51 cooking, freezing, dehydration, fermentation, or milling.
52 (g) "Processing aid" means:
53 (i) a substance that is added to a food during the processing of the
54 food but is removed in some manner from the food before it is packaged
55 in its finished form;
A. 617--B 6
1 (ii) a substance that is added to a food during processing, is
2 converted into constituents normally present in the food, and does not
3 significantly increase the amount of the constituents naturally found in
4 the food; or
5 (iii) a substance that is added to a food for its technical or func-
6 tional effect in the processing but is present in the finished food at
7 insignificant levels and does not have any technical or functional
8 effect in that finished food.
9 (h) For the purposes of paragraph (e) of subdivision fifteen of
10 section two hundred one of this article, "stock-keeping unit" shall mean
11 all of a group of food items of the same brand, quantity of contents,
12 retail price, and variety.
13 (i)"Raw agricultural commodity" means any plant, animal, or fungi
14 grown or produced for human food-use purposes.
15 (j) "Retailer" means a person or business engaged in selling food from
16 individuals or businesses to the end-user.
17 § 4. Section 201 of the agriculture and markets law is amended by
18 adding a new subdivision 15 to read as follows:
19 15. (a) Any food for human consumption, seed, or seed stock offered
20 for retail sale in New York is misbranded if it is entirely genetically
21 engineered or partially produced with genetic engineering and that fact
22 is not disclosed as follows:
23 (i) In the case of a raw agricultural commodity that is not separately
24 packaged or labeled, the words "produced with genetic engineering" or
25 any other derivative of those words, the initials "GE", "GM", or "GMO",
26 or a derivative of those phrases, shall be placed on the container used
27 for packaging, holding, and/or transport in a clear and conspicuous
28 manner by the manufacturer, and maintained by the distributor, and
29 displayed in a clear and conspicuous manner on the retail shelf or bin
30 in which such commodity is offered for sale by the retailer.
31 (ii) In the case of a raw agricultural commodity that is separately
32 packaged or processed food containing some products of genetic engineer-
33 ing, the manufacturer must label the food, in a clear and conspicuous
34 manner on the package of such food, with the words "Produced with Genet-
35 ic Engineering" or any other derivative of those words, the initials
36 "GE", "GM", "GMO", or a derivative of those phrases.
37 (iii) In the case of any seed or seed stock, the manufacturer or other
38 entity responsible for producing the seed must label the seed or seed
39 stock container, the sales receipt, and any other reference to identifi-
40 cation, ownership, or possession, in a clear and conspicuous manner with
41 the words "Produced with Genetic Engineering" or any other derivative of
42 those words, the initials "GE,", "GM", "GMO", or a derivative of those
43 phrases.
44 (b) This subdivision shall not be construed to require either the
45 listing or identification of any ingredients that were genetically engi-
46 neered, nor that the phrase "Produced with Genetic Engineering" or any
47 other derivative of those words, the initials "GE," "GM", "GMO", or a
48 derivative of those phrases be placed immediately preceding any common
49 name or primary product descriptor of a food.
50 (c) Any processed food that would be subject to this section solely
51 because it includes one or more materials produced with genetic engi-
52 neering is not misbranded provided that the genetically engineered mate-
53 rials in the aggregate do not account for more than nine-tenths of one
54 percent of the total weight of the processed food.
55 (d) This subdivision does not apply to any of the following:
A. 617--B 7
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 paragraph (a) of this subdivision with respect to a raw
11 agricultural commodity, processed food, seed, or seed stock must obtain,
12 from whomever sold the raw agricultural commodity, processed food, seed,
13 or seed stock must obtain, from whomever sold the raw agricultural
14 commodity, processed food, seed, or seed stock to that person, a written
15 statement, which may be included on an invoice that may be in an elec-
16 tronic form, that the raw agricultural commodity, processed food, seed,
17 or seed stock: (1) has not been knowingly or intentionally produced with
18 genetic engineering; and (2) has been segregated from, and has not been
19 knowingly or intentionally commingled with foods or seeds that may have
20 been produced with genetic engineering;
21 (iii) Any processed food that would be subject to this subdivision
22 solely because one or more of the processing aids or enzymes used in its
23 production were produced with or derived from genetic engineering;
24 (iv) Any alcoholic beverage that is subject to regulation by the alco-
25 holic beverage control law;
26 (v) Food that has been lawfully certified to be labeled, marketed, and
27 offered for sale as "organic" pursuant to the federal Organic Foods
28 Production Act of 1990, 7 U.S.C. 6501, et seq. as amended from time to
29 time, and the National Organic Program regulations promulgated pursuant
30 thereto by the United States Department of Agriculture;
31 (vi) Food that is not packaged for sale and that either: (i) is a
32 processed food prepared and intended for immediate human consumption or
33 (ii) is served, sold, or otherwise provided in any restaurant, food
34 facility, or food retailer that is engaged in the sale of food prepared
35 and intended for immediate human consumption; or
36 (vii) Medical food.
37 (e) Any person or entity who violates the requirements of this section
38 shall be liable for a civil penalty of not more than one thousand
39 dollars, per day, per stock-keeping unit, provided however that no
40 liability shall arise under this section until after said person or
41 entity is given formal notice of the violation.
42 (f) In any case where there has been a final determination by the
43 department, of a violation of any of the provisions of this subdivision,
44 the department shall make available to the public, without charge, the
45 following information:
46 (i) the name and business address of the violator;
47 (ii) the date or dates of inspection of the violator's premises by the
48 department;
49 (iii) the violation that was determined to have occurred, including
50 the name of the product; and
51 (iv) the amount of the penalty that was assessed by the department.
52 (g) A distributor or retailer that sells a raw agricultural commodity,
53 processed food, seed, or seed stock that has been produced with genetic
54 engineering that fails to make the disclosure required pursuant to
55 section three hundred ninety-one-u of the general business law, is not
56 subject to financial liability in any civil action to enforce this
A. 617--B 8
1 section if the distributor or retailer relied on the written statement
2 obtained under subdivision two of section three hundred ninety-one-u of
3 the general business law provided by the manufacturer stating that the
4 raw agricultural commodity, processed food, seed, or seed stock is not
5 subject to the disclosure requirements under such section.
6 § 5. Severability clause. If any provision of this act or its applica-
7 tion to any person, legal entity, or circumstance is held invalid, the
8 remainder of the act or the application of the provision to other
9 persons, legal entity or circumstances shall not be affected.
10 § 6. This act shall take effect twenty-four months after it shall have
11 become a law; provided, however, that effective immediately, the depart-
12 ment of agriculture and markets shall adopt any rules and regulations
13 necessary to implement this act, including, but not limited to, creating
14 and maintaining a list, which shall be made available to the public at
15 no cost, of raw agricultural commodities that are produced with genetic
16 engineering; provided, further, that the department of agriculture and
17 markets is not authorized to create any exemptions beyond those provided
18 for in paragraph (d) of subdivision 2 of section 391-u of the general
19 business law as added by section two of this act and paragraph (d) of
20 subdivision 15 of section 201 of the agriculture and markets law as
21 added by section four of this act; this act shall remain in effect until
22 such time as a comprehensive federal system requiring mandatory labeling
23 of raw agricultural commodities, processed foods, seed, and seed stock
24 produced with genetic engineering is implemented, provided however that
25 nothing contained herein shall prevent the state from exercising any
26 concurrent authority authorized by federal law; provided that the
27 commissioner of agriculture and markets shall notify the legislative
28 bill drafting commission upon the occurrence of the enactment of a
29 comprehensive federal system requiring mandatory labeling of raw agri-
30 cultural commodities, processed foods, seed, and seed stock produced
31 with genetic engineering in order that the commission may maintain an
32 accurate and timely effective data base of the official text of the laws
33 of the state of New York in furtherance of effectuating the provisions
34 of section 44 of the legislative law and section 70-b of the public
35 officers law.
