A03525 Summary:

BILL NO    A03525B

SAME AS    No same as 

SPONSOR    Rosenthal

COSPNSR    Peoples-Stokes, Jaffee, Dinowitz, Thiele, Kearns, Sepulveda, Roberts,
           Moya, Lavine, Colton, Cook, Millman, Galef, Kellner, Englebright,
           Magnarelli, Simotas, Schimel, Steck, Benedetto, Perry, Quart, Clark,
           Camara, Miller, Lopez P, Skartados, Abinanti, Weprin, Otis, Goldfeder

MLTSPNSR   Braunstein, Brennan, Brindisi, Curran, Cymbrowitz, Fahy, Farrell,
           Glick, Hevesi, Jacobs, Johns, Lentol, Lifton, Markey, Montesano,
           Paulin, Ra, Rivera, Rodriguez, Sweeney, Weisenberg

Add S391-t, Gen Bus L; amd SS198 & 201, Ag & Mkts L

Provides for the labeling of food or food products that contain a genetically
engineered material or that are produced with a genetically engineered
material; defines terms; imposes penalties for false labels and misbranding;
sets forth exemptions.
Go to top

A03525 Actions:

BILL NO    A03525B

01/28/2013 referred to consumer affairs and protection
05/09/2013 amend and recommit to consumer affairs and protection
05/09/2013 print number 3525a
06/03/2013 defeated in consumer affairs and protection
01/08/2014 referred to consumer affairs and protection
03/05/2014 amend (t) and recommit to consumer affairs and protection
03/05/2014 print number 3525b
Go to top

A03525 Votes:

There are no votes for this bill in this legislative session.
Go to top

A03525 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3525--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced  by  M.  of  A.  ROSENTHAL, PEOPLES-STOKES, JAFFEE, DINOWITZ,
         THIELE, KEARNS, SEPULVEDA, ROBERTS, MOYA, LAVINE, COLTON, COOK,  MILL-
         MAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMOTAS, SCHIMEL, STECK,
         BENEDETTO,  PERRY,  QUART, CLARK, CAMARA, MILLER, P. LOPEZ, SKARTADOS,
         ABINANTI, WEPRIN, OTIS, GOLDFEDER -- Multi-Sponsored by --  M.  of  A.
         BOYLAND,  BRENNAN, BRINDISI, CURRAN, CYMBROWITZ, FAHY, FARRELL, GLICK,
         GRAF, HEVESI, JOHNS, LENTOL, LIFTON, MARKEY,  MONTESANO,  PAULIN,  RA,
         RAIA, RIVERA, RODRIGUEZ, SWEENEY, WEISENBERG -- read once and referred
         to  the  Committee  on  Consumer  Affairs  and Protection -- 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 engineered 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 entirely genetically engineered or partially produced
    4  with genetic engineering so they can make informed purchasing decisions.
    5  Labeling  is  necessary  to ensure that New York consumers are fully and
    6  reliably informed about the products they purchase and consume.  Further
    7  the legislature finds that:
    8    (a) Currently, there is no federal law that requires food producers to
    9  identify  whether  foods  were produced with genetic engineering. At the
   10  same time, the United States Food and Drug Administration (FDA) does not
   11  require safety studies of such foods. Unless these foods contain a known
   12  allergen, the FDA does not require the developers of  genetically  engi-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02306-14-4
       A. 3525--B                          2

    1  neered  foods to consult with the agency. Consultations with the FDA are
    2  entirely voluntary;
    3    (b)  Mandatory identification of foods produced with genetic engineer-
    4  ing can provide a critical method for tracking any potential  short-term
    5  and  long-term  health  effects of consuming foods produced with genetic
    6  engineering;
    7    (c) Polls consistently show that the vast majority of the public wants
    8  to know if their food has been produced with genetic engineering;
    9    (d) More than sixty countries, including Japan,  South  Korea,  China,
   10  Australia,  New  Zealand,  Thailand,  Russia,  the European Union member
   11  states, and other key United States trading partners, have laws  mandat-
   12  ing disclosure of genetically engineered foods;
   13    (e)  A variety of genetically engineered crops are commercially culti-
   14  vated and sold in the United States, including  corn,  canola,  soybean,
   15  cotton,  sugar  beets,  alfalfa,  and papaya. It has been estimated that
   16  60-70% of packaged grocery products contain some materials produced with
   17  genetic engineering, typically derived from genetically engineered  soy,
   18  sugar beets, and/or corn. Consumers should be provided with the informa-
   19  tion  necessary to make informed decisions when choosing food to buy for
   20  themselves and their families;
   21    (f) Without disclosure, consumers with  certain  dietary  restrictions
   22  may   unknowingly  consume  such  food  in  violation  of  such  dietary
   23  restrictions;
   24    (g) Preserving the identity, quality, and reliability of  agricultural
   25  products is of prime importance to our state's fiscal health;
   26    (h)  The cultivation of genetically engineered crops can cause serious
   27  environmental impacts. For example, most  genetically  engineered  crops
   28  are  designed  to withstand weed-killing herbicides. Because genetically
   29  engineered crops are more resistant to herbicides, their cultivation has
   30  resulted in the application of millions of additional pounds  of  herbi-
   31  cides  to  the  nation's  farmland.  The  massive increase in the use of
   32  herbicides has led to the emergence of herbicide-resistant weeds,  which
   33  have  infested  farm fields and roadsides, complicating weed control for
   34  farmers and encouraging the use of increasingly toxic and more dangerous
   35  herbicides.  Toxic herbicides damage the vitality of the  soil,  contam-
   36  inate  drinking  water  supplies, and pose health risks to consumers and
   37  farm workers. New York  consumers  should  have  the  ability  to  avoid
   38  purchasing  foods  produced  in ways that can lead to such environmental
   39  harm;
   40    (i) Conventional, non-organic farmers have  a  right  to  choose  what
   41  crops  they  grow and many conventional farmers want to grow traditional
   42  crops developed without genetic engineering. Identifying seeds and  seed
   43  stock produced with genetic engineering would protect the farmers' right
   44  to  know what they are purchasing and protect their right to choose what
   45  they grow;
   46    (j) Identifying foods produced  with  genetic  engineering  will  help
   47  protect  our  state's export market because many of our trading partners
   48  have bans on the import and cultivation of genetically  engineered  seed
   49  and  food  as  well  as laws mandating the labeling of genetically engi-
   50  neered seed and foods;
   51    (k) It is the intent of this act to ensure that New York consumers and
   52  farmers are fully and reliably informed about whether the food and  seed
   53  they purchase and eat were produced with genetic engineering so they may
   54  choose  for  themselves  whether  to  purchase and eat or use such food,
   55  seed, and seed stock;
       A. 3525--B                          3

    1    (l) It is the intent of this act to enable improved tracking of genet-
    2  ically engineered food consumption and of any potential health  impacts;
    3  and
    4    (m)  It  is  the  intent  of  this act only to regulate food for human
    5  consumption offered for retail sale within New York state.
    6    S 2. The general business law is amended by adding a new section 391-t
    7  to read as follows:
    8    S 391-T. GENETICALLY ENGINEERED FOODS; REQUIRED LABELING.  1.    DEFI-
    9  NITIONS. AS USED IN THIS SECTION, THE TERM:
   10    (A)  "DEPARTMENT"  MEANS  THE  STATE  DEPARTMENT  OF  AGRICULTURE  AND
   11  MARKETS.
   12    (B) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD  OF
   13  DISTRIBUTING  OR  TRANSPORTING  A FOOD OR FOOD PRODUCT FROM ONE PLACE TO
   14  ANOTHER.
   15    (C) "ENZYME" MEANS A PROTEIN  THAT  CATALYZES  CHEMICAL  REACTIONS  OF
   16  OTHER   SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED  UPON
   17  COMPLETION OF THE REACTIONS.
   18    (D) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV-
   19  ATIVE OF THOSE WORDS, AS APPLIED TO  ANY  FOOD  FOR  HUMAN  CONSUMPTION,
   20  MEANS  PRODUCED  FROM  OR  WITH  AN  ORGANISM OR ORGANISMS WITH GENETICS
   21  ALTERED MATERIALLY THROUGH THE APPLICATION OF:
   22    (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING  BUT  NOT  LIMITED  TO
   23  RECOMBINANT  DEOXYRIBONUCLEIC  ACID  (DNA)  TECHNIQUES  AND  THE  DIRECT
   24  INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR
   25    (II) THE FUSION OF CELLS BEYOND THE TAXONOMIC  FAMILY  THAT  OVERCOMES
   26  NATURAL  PHYSIOLOGICAL,  REPRODUCTIVE,  OR RECOMBINANT BARRIERS AND THAT
   27  ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
   28    FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO  NUCLEIC
   29  ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
   30  TECHNIQUES  THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE DIRECT
   31  INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
   32  THE  ORGANISMS  SUCH  AS  BIOLISTICS,  MICROINJECTION,  MACRO-INJECTION,
   33  CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
   34    (E)   "MANUFACTURER"  MEANS  A  PERSON  OR  BUSINESS  ENGAGED  IN  THE
   35  PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
   36    (F) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE  CONSUMED  OR
   37  ADMINISTERED  ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
   38  INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE  OR  CONDITION
   39  FOR  WHICH  DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED ON RECOGNIZED
   40  SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
   41    (G) "PROCESSED FOOD" MEANS ANY FOOD  OTHER  THAN  A  RAW  AGRICULTURAL
   42  COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
   43  THAT  HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
   44  COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
   45    (H) "PROCESSING AID" MEANS:
   46    (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING  OF  THE
   47  FOOD  BUT  IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
   48  IN ITS FINISHED FORM;
   49    (II) A SUBSTANCE THAT  IS  ADDED  TO  A  FOOD  DURING  PROCESSING,  IS
   50  CONVERTED  INTO  CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
   51  SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
   52  THE FOOD; OR
   53    (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL  OR  FUNC-
   54  TIONAL  EFFECT  IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
   55  INSIGNIFICANT LEVELS AND DOES  NOT  HAVE  ANY  TECHNICAL  OR  FUNCTIONAL
   56  EFFECT IN THAT FINISHED FOOD.
       A. 3525--B                          4

    1    (I)  "RAW  AGRICULTURAL  COMMODITY"  MEANS ANY PLANT, ANIMAL, OR FUNGI
    2  GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
    3    (J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
    4  INDIVIDUALS OR BUSINESSES TO THE END-USER.
    5    2.  LABELING  OF  GENETICALLY ENGINEERED FOODS. (A) ANY FOOD FOR HUMAN
    6  CONSUMPTION OFFERED FOR RETAIL SALE IN NEW YORK IS MISBRANDED IF  IT  IS
    7  ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGI-
    8  NEERING AND THAT FACT IS NOT DISCLOSED AS FOLLOWS:
    9    (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
   10  PACKAGED  OR  LABELED,  THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
   11  ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR  "GMO",
   12  OR  DERIVATIVE  OF  THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED
   13  FOR PACKAGING, HOLDING, AND/OR TRANSPORT  IN  A  CLEAR  AND  CONSPICUOUS
   14  MANNER  BY  THE  MANUFACTURER,  AND  MAINTAINED  BY THE DISTRIBUTOR, AND
   15  DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR
   16  BIN IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER.
   17    (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
   18  ENGINEERING, THE MANUFACTURER MUST  LABEL  THE  FOOD,  IN  A  CLEAR  AND
   19  CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
   20  WITH  GENETIC  ENGINEERING"  OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
   21  INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
   22    (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
   23  ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE  SEED  OR  SEED
   24  STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
   25  CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
   26  THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
   27  THOSE  WORDS,  THE  INITIALS  "GE",  "GM", "GMO", OR DERIVATIVE OF THOSE
   28  PHRASES.
   29    (B) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE  LISTING
   30  OR  IDENTIFICATION  OF ANY INGREDIENTS THAT WERE GENETICALLY ENGINEERED,
   31  NOR THAT THE PHRASE "PRODUCED WITH GENETIC  ENGINEERING"  OR  ANY  OTHER
   32  DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE
   33  OF  THOSE  PHRASES  BE  PLACED  IMMEDIATELY PRECEDING ANY COMMON NAME OR
   34  PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
   35    (C) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO  THIS  SECTION  SOLELY
   36  BECAUSE  IT  INCLUDES  ONE OR MORE MATERIALS PRODUCED WITH GENETIC ENGI-
   37  NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE-
   38  RIALS IN THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS  OF  ONE
   39  PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD.
   40    (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
   41    (I)  FOOD  CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
   42  THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS  OF  WHETHER
   43  THE  ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
   44  OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH  GENETIC
   45  ENGINEERING;
   46    (II)  A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED THAT HAS BEEN GROWN,
   47  RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE  OF
   48  GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN THE EXCLUSION
   49  UNDER  THIS  PARAGRAPH,  THE  PERSON RESPONSIBLE FOR COMPLYING WITH THIS
   50  SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMODITY, FOOD, OR  SEED
   51  MUST  OBTAIN,  FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY OR FOOD
   52  OR SEED TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED ON AN
   53  INVOICE THAT MAY BE IN AN ELECTRONIC FORM,  THAT  THE  RAW  AGRICULTURAL
   54  COMMODITY,  FOOD,  OR  SEED: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY
   55  GENETICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM,  AND  HAS  NOT
   56  BEEN  KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT MAY
       A. 3525--B                          5

    1  HAVE BEEN GENETICALLY  ENGINEERED.  IN  PROVIDING  SUCH  STATEMENT,  THE
    2  PERSON  MAY RELY ON THE WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC
    3  FORM, PROVIDED FROM HIS OR HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIR-
    4  MATION;
    5    (III)  ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
    6  BECAUSE ONE OR MORE OF THE  PROCESSING  AIDS  OR  ENZYMES  USED  IN  ITS
    7  PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
    8    (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
    9  HOLIC BEVERAGE CONTROL LAW;
   10    (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
   11  OFFERED  FOR  SALE  AS  "ORGANIC"  PURSUANT TO THE FEDERAL ORGANIC FOODS
   12  PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM  TIME  TO
   13  TIME,  AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED PURSUANT
   14  THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE;
   15    (VI) FOOD THAT IS NOT PACKAGED FOR SALE AND  THAT  EITHER:  (I)  IS  A
   16  PROCESSED  FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION OR
   17  (II) IS SERVED, SOLD OR  OTHERWISE  PROVIDED  IN  ANY  RESTAURANT,  FOOD
   18  FACILITY,  OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD PREPARED
   19  AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
   20    (VII) MEDICAL FOOD.
   21    3. RIGHT OF ACTION FOR VIOLATIONS. ANY PERSON, FIRM,  CORPORATION,  OR
   22  OTHER LEGAL ENTITY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE PENAL-
   23  TIES  FOR  FALSE  LABELS  AND MISREPRESENTATIONS AS SET FORTH IN SECTION
   24  THREE HUNDRED NINETY-TWO-B OF THIS ARTICLE.
   25    4. NOTICE OF VIOLATION. IN ANY CASE  WHERE  THERE  HAS  BEEN  A  FINAL
   26  DETERMINATION BY THE DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS
   27  OF  THIS  SECTION,  THE  DEPARTMENT  SHALL MAKE AVAILABLE TO THE PUBLIC,
   28  WITHOUT CHARGE, THE FOLLOWING INFORMATION:
   29    (A) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
   30    (B) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY  THE
   31  DEPARTMENT;
   32    (C) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING NAME
   33  OF THE PRODUCT; AND
   34    (D) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
   35    5.  THIRD-PARTY PROTECTION; RELIANCE ON WRITTEN STATEMENT. A DISTRIBU-
   36  TOR OR RETAILER THAT SELLS OR ADVERTISES FOOD  OR  SEED  STOCK  THAT  IS
   37  GENETICALLY ENGINEERED THAT FAILS TO MAKE THE DISCLOSURE REQUIRED PURSU-
   38  ANT  TO  SUBDIVISION TWO OF THIS SECTION, IS NOT SUBJECT TO LIABILITY IN
   39  ANY CIVIL ACTION TO ENFORCE THIS CHAPTER IF THE DISTRIBUTOR OR  RETAILER
   40  RELIED  ON  THE  WRITTEN STATEMENT UNDER SUBDIVISION TWO OF THIS SECTION
   41  PROVIDED BY THE MANUFACTURER OR GROWER STATING THAT  THE  FOOD  OR  SEED
   42  STOCK IS NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER THIS CHAPTER.
   43    S  3.  Section  198  of  the agriculture and markets law is amended by
   44  adding a new subdivision 12 to read as follows:
   45    12. THE TERM:  (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN
   46  ANY METHOD OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD  PRODUCT  FROM
   47  ONE PLACE TO ANOTHER.
   48    (B)  "ENZYME"  MEANS  A  PROTEIN  THAT CATALYZES CHEMICAL REACTIONS OF
   49  OTHER  SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED   UPON
   50  COMPLETION OF THE REACTIONS.
   51    (C) "GENETICALLY ENGINEERED" OR "GENETICALLY MODIFIED," OR ANY DERIVA-
   52  TIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION, MEANS
   53  PRODUCED  FROM  OR  WITH  AN ORGANISM OR ORGANISMS WITH GENETICS ALTERED
   54  MATERIALLY THROUGH THE APPLICATION OF:
   55    (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING  BUT  NOT  LIMITED  TO
   56  RECOMBINANT  DEOXYRIBONUCLEIC ACID (DNA) OR RIBONUCLEIC ACID (RNA) TECH-
       A. 3525--B                          6

    1  NIQUES, DIRECT INJECTION OF  NUCLEIC  ACID  INTO  CELLS  OR  ORGANELLES,
    2  ENCAPSULATION, GENE DELETION, AND DOUBLING, OR
    3    (II)  THE  FUSION  OF  CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOME
    4  NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT  BARRIERS  AND  THAT
    5  ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
    6    FOR  PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
    7  ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
    8  TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE  DIRECT
    9  INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
   10  THE  ORGANISMS  SUCH  AS  BIOLISTICS,  MICROINJECTION,  MACRO-INJECTION,
   11  CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
   12    (D)  "MANUFACTURER"  MEANS  A  PERSON  OR  BUSINESS  ENGAGED  IN   THE
   13  PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
   14    (E)  "MEDICAL  FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
   15  ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT  IS
   16  INTENDED  FOR  THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
   17  FOR WHICH DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED  ON  RECOGNIZED
   18  SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
   19    (F)  "PROCESSED  FOOD"  MEANS  ANY  FOOD OTHER THAN A RAW AGRICULTURAL
   20  COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
   21  THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING,  PRESSING,
   22  COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
   23    (G) "PROCESSING AID" MEANS:
   24    (I)  A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF SUCH
   25  FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
   26  IN ITS FINISHED FORM;
   27    (II)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD DURING PROCESSING, IS
   28  CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
   29  SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS FOUND NATURALLY IN
   30  THE FOOD; OR
   31    (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
   32  TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED  FOOD  AT
   33  INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
   34  EFFECT IN THAT FINISHED FOOD.
   35    (H) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
   36  GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
   37    (I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
   38  INDIVIDUALS OR BUSINESSES TO THE END-USER.
   39    S  4.  Section  201  of  the agriculture and markets law is amended by
   40  adding a new subdivision 15 to read as follows:
   41    15. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN  NEW
   42  YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY
   43  PRODUCED  WITH  GENETIC  ENGINEERING  AND  THAT FACT IS NOT DISCLOSED AS
   44  FOLLOWS:
   45    (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
   46  PACKAGED OR LABELED, THE WORDS "PRODUCED WITH  GENETIC  ENGINEERING"  OR
   47  ANY  OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR
   48  DERIVATIVE OF THOSE PHRASES SHALL BE PLACED ON THE  CONTAINER  USED  FOR
   49  PACKAGING,  HOLDING,  AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER
   50  BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND DISPLAYED IN
   51  A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR BIN IN WHICH
   52  SUCH COMMODITY IS FOR SALE BY THE RETAILER.
   53    (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
   54  ENGINEERING, THE MANUFACTURER MUST  LABEL  THE  FOOD,  IN  A  CLEAR  AND
   55  CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
       A. 3525--B                          7

    1  WITH  GENETIC  ENGINEERING"  OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
    2  INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
    3    (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
    4  ENTITY  RESPONSIBLE  FOR  PRODUCING THE SEED MUST LABEL THE SEED OR SEED
    5  STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
    6  CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
    7  THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
    8  THOSE WORDS, THE INITIALS "GE", "GM",  "GMO",  OR  DERIVATIVE  OF  THOSE
    9  PHRASES.
   10    (B)  THIS  SUBDIVISION  SHALL  NOT  BE CONSTRUED TO REQUIRE EITHER THE
   11  LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGI-
   12  NEERED, NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING"  OR  ANY
   13  OTHER  DERIVATIVE  OF  THOSE  WORDS,  THE INITIALS "GE", "GM", "GMO", OR
   14  DERIVATIVE OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING  ANY  COMMON
   15  NAME OR PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
   16    (C)  ANY  PROCESSED  FOOD  OR RAW AGRICULTURAL COMMODITY THAT WOULD BE
   17  SUBJECT TO THIS SECTION SOLELY BECAUSE IT INCLUDES ONE OR MORE MATERIALS
   18  PRODUCED WITH GENETIC ENGINEERING IS NOT MISBRANDED  PROVIDED  THAT  THE
   19  GENETICALLY  ENGINEERED  MATERIALS  IN  THE AGGREGATE DO NOT ACCOUNT FOR
   20  MORE THAN NINE-TENTHS OF ONE PERCENT OF THE TOTAL WEIGHT  OF  THE  PROC-
   21  ESSED FOOD OR RAW AGRICULTURAL COMMODITY.
   22    (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
   23    (I)  FOOD  CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
   24  THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS  OF  WHETHER
   25  THE  ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
   26  OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH  GENETIC
   27  ENGINEERING;
   28    (II) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
   29  PRODUCED,  OR  DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF GENET-
   30  ICALLY ENGINEERED SEED OR FOOD. TO  BE  INCLUDED  WITHIN  THE  EXCLUSION
   31  UNDER  THIS  PARAGRAPH,  THE PERSON RESPONSIBLE FOR COMPLYING WITH PARA-
   32  GRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMOD-
   33  ITY OR FOOD MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMOD-
   34  ITY OR FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY  BE  INCLUDED
   35  ON  AN  INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE RAW AGRICUL-
   36  TURAL COMMODITY OR FOOD: (1) HAS NOT  BEEN  KNOWINGLY  OR  INTENTIONALLY
   37  GENETICALLY  ENGINEERED;  AND  (2) HAS BEEN SEGREGATED FROM, AND HAS NOT
   38  BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE BEEN
   39  GENETICALLY ENGINEERED. IN PROVIDING SUCH STATEMENT, A PERSON  MAY  RELY
   40  ON  A WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS OR
   41  HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
   42    (III) ANY PROCESSED FOOD THAT WOULD BE  SUBJECT  TO  THIS  SUBDIVISION
   43  SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
   44  PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
   45    (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
   46  HOLIC BEVERAGE CONTROL LAW;
   47    (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
   48  OFFERED  FOR  SALE  AS  "ORGANIC"  PURSUANT TO THE FEDERAL ORGANIC FOODS
   49  PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
   50  PROGRAM REGULATIONS PROMULGATED PURSUANT THERETO BY  THE  UNITED  STATES
   51  DEPARTMENT OF AGRICULTURE;
   52    (VI) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (1) IS
   53  A  PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
   54  OR (2) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
   55  FOOD FACILITY THAT IS ENGAGED IN THE SALE OF FOOD PREPARED AND  INTENDED
   56  FOR IMMEDIATE CONSUMPTION;
       A. 3525--B                          8

    1    (VII) MEDICAL FOOD.
    2    (E)  ANY  PERSON,  FIRM,  CORPORATION, OR OTHER LEGAL ENTITY VIOLATING
    3  THIS SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS  AND
    4  MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
    5  THE GENERAL BUSINESS LAW.
    6    S 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    S 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 two of section 391-t of the general
   19  business law as added by section two of this act and  paragraph  (d)  of
   20  subdivision fifteen of section 201 of the agriculture and markets law as
   21  added by section four of this act.
Go to top
Page display time = 0.1 sec