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A00617 Summary:

BILL NOA00617B
 
SAME ASSAME AS S00485-B
 
SPONSORRosenthal
 
COSPNSRDinowitz, Peoples-Stokes, Thiele, Kearns, Sepulveda, Moya, Lavine, Colton, Galef, Englebright, Magnarelli, Simotas, Schimel, Steck, Benedetto, Perry, Quart, Skartados, Abinanti, Weprin, Otis, Goldfeder, Ortiz, Rozic, Crespo, Pichardo, Davila, Arroyo, Kim, Robinson, Kavanagh, Jaffee, Seawright, Ramos, Gottfried, Blake, Bichotte, Linares, Murray, Hooper, Cahill, Richardson, Jean-Pierre, Gunther, Aubry, Stirpe, Harris, Williams, Hunter
 
MLTSPNSRBarron, Braunstein, Brennan, Brindisi, Cancel, Ceretto, Curran, Cymbrowitz, Fahy, Farrell, Glick, Hevesi, Hyndman, Katz, Lentol, Lifton, Lupardo, Markey, Mayer, McDonald, McDonough, Nolan, Paulin, Ra, Rivera, Rodriguez, Simon, Titus, Walker, Weinstein, Wright
 
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.
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A00617 Text:



 
                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.
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