A03525 Summary:

BILL NO    A03525E

SAME AS    SAME AS S03835-B

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, Mosley, Ortiz, Rozic, Brook-Krasny, Scarborough, Crespo,
           Pichardo, Davila, Arroyo, Kim, Robinson, Kavanagh

MLTSPNSR   Braunstein, Brennan, Brindisi, Ceretto, Curran, Cymbrowitz, Fahy,
           Farrell, Glick, Heastie, Hevesi, Jacobs, Katz, Lentol, Lifton,
           Markey, Mayer, Montesano, Nolan, Paulin, Ra, Rivera, Rodriguez,
           Sweeney, Weinstein, Weisenberg

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

Provides for the labeling of raw agriculture 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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A03525 Actions:

BILL NO    A03525E

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
04/23/2014 amend and recommit to consumer affairs and protection
04/23/2014 print number 3525c
05/02/2014 amend and recommit to consumer affairs and protection
05/02/2014 print number 3525d
05/06/2014 reported referred to codes
05/22/2014 amend and recommit to codes
05/22/2014 print number 3525e
06/03/2014 reported referred to ways and means
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A03525 Votes:

There are no votes for this bill in this legislative session.
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A03525 Text:

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

                                        3525--E

                              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, MOSLEY, ORTIZ, ROZIC,  BROOK-KRASNY
         --  Multi-Sponsored  by  --  M.  of  A. BRAUNSTEIN, BRENNAN, BRINDISI,
         CERETTO, CURRAN, CYMBROWITZ, FAHY, FARRELL,  GLICK,  HEASTIE,  HEVESI,
         JACOBS,  JOHNS, LENTOL, LIFTON, MARKEY, MONTESANO, PAULIN, RA, 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  -- again reported from said committee with amend-
         ments, ordered reprinted as amended and recommitted to said  committee
         --  again  reported  from  said  committee  with  amendments,  ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred to the Committee  on  Codes  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee

       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 produced with genetic engineering so  they  can  make
    4  informed purchasing decisions.
    5    Further the legislature finds that:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02306-25-4
       A. 3525--E                          2

    1    (a) Currently, there is no federal law that requires food producers to
    2  identify  whether  foods  were produced with genetic engineering. At the
    3  same time, the United States Food and Drug Administration (FDA) does not
    4  require safety studies of such foods;
    5    (b)  Identification  of  foods  produced  with genetic engineering can
    6  provide a critical  method  for  tracking  effects  of  consuming  foods
    7  produced with genetic engineering;
    8    (c)  More  than  sixty  countries, including key United States trading
    9  partners, have  laws  mandating  disclosure  of  genetically  engineered
   10  foods.  Identifying  foods  produced  with genetic engineering will help
   11  protect our state's export market;
   12    (d) A variety of genetically engineered crops are commercially  culti-
   13  vated  and  sold  in  the  United  States, including corn, canola, sugar
   14  beets, soybean, cotton, alfalfa, and papaya. It has been estimated  that
   15  70-80%  of packaged grocery products contain some materials derived from
   16  these genetically engineered crops;
   17    (e) Without disclosure, consumers with  certain  dietary  restrictions
   18  may   unknowingly  consume  such  food  in  violation  of  such  dietary
   19  restrictions;
   20    (f) Preserving the identity, quality, and reliability of  agricultural
   21  products is of prime importance to our state's fiscal health;
   22    (g)  The cultivation of genetically engineered crops can cause serious
   23  environmental impacts;
   24    (h) It is the intent of this act to ensure that New York consumers and
   25  farmers are fully and reliably informed about whether the food and  seed
   26  they purchase and eat were produced with genetic engineering so they may
   27  choose  for  themselves whether to purchase and eat or use such food and
   28  seed;
   29    (i) It is the intent of this act only  to  regulate  the  labeling  of
   30  seed, seed stock, and food for human consumption offered for retail sale
   31  within New York State.
   32    S 2. The general business law is amended by adding a new section 391-t
   33  to read as follows:
   34    S  391-T.  GENETICALLY  ENGINEERED FOODS; REQUIRED LABELING. 1.  DEFI-
   35  NITIONS. AS USED IN THIS SECTION, THE TERM:
   36    (A)  "DEPARTMENT"  MEANS  THE  STATE  DEPARTMENT  OF  AGRICULTURE  AND
   37  MARKETS.
   38    (B)  "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD OF
   39  DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM  ONE  PLACE  TO
   40  ANOTHER.
   41    (C)  "ENZYME"  MEANS  A  PROTEIN  THAT CATALYZES CHEMICAL REACTIONS OF
   42  OTHER  SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED   UPON
   43  COMPLETION OF THE REACTIONS.
   44    (D) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV-
   45  ATIVE  OF  THOSE  WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION OR
   46  SEED MEANS PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH  GENETICS
   47  ALTERED MATERIALLY THROUGH THE APPLICATION OF:
   48    (I)  IN  VITRO  NUCLEIC  ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
   49  RECOMBINANT  DEOXYRIBONUCLEIC  ACID  (DNA)  TECHNIQUES  AND  THE  DIRECT
   50  INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR
   51    (II)  THE  FUSION  OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOMES
   52  NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT  BARRIERS  AND  THAT
   53  ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
   54    FOR  PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
   55  ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
   56  TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE  DIRECT
       A. 3525--E                          3

    1  INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
    2  THE  ORGANISMS  SUCH  AS  BIOLISTICS,  MICROINJECTION,  MACRO-INJECTION,
    3  CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
    4    (E)   "MANUFACTURER"  MEANS  A  PERSON  OR  BUSINESS  ENGAGED  IN  THE
    5  PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
    6    (F) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE  CONSUMED  OR
    7  ADMINISTERED  ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
    8  INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE  OR  CONDITION
    9  FOR  WHICH  DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED ON RECOGNIZED
   10  SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
   11    (G) "PROCESSED FOOD" MEANS ANY FOOD  OTHER  THAN  A  RAW  AGRICULTURAL
   12  COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
   13  THAT  HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
   14  COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
   15    (H) "PROCESSING AID" MEANS:
   16    (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING  OF  THE
   17  FOOD  BUT  IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
   18  IN ITS FINISHED FORM;
   19    (II) A SUBSTANCE THAT  IS  ADDED  TO  A  FOOD  DURING  PROCESSING,  IS
   20  CONVERTED  INTO  CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
   21  SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
   22  THE FOOD; OR
   23    (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL  OR  FUNC-
   24  TIONAL  EFFECT  IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
   25  INSIGNIFICANT LEVELS AND DOES  NOT  HAVE  ANY  TECHNICAL  OR  FUNCTIONAL
   26  EFFECT IN THAT FINISHED FOOD.
   27    (I)  "RAW  AGRICULTURAL  COMMODITY"  MEANS ANY PLANT, ANIMAL, OR FUNGI
   28  GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES.
   29    (J) "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. 3525--E                          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. VIOLATIONS. (A) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTI-
   49  TY  VIOLATING  THIS  SECTION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE
   50  LABELS AND MISREPRESENTATIONS AS SET  FORTH  IN  SECTION  THREE  HUNDRED
   51  NINETY-TWO-B OF THIS ARTICLE, PROVIDED HOWEVER THAT A RETAILER SHALL NOT
   52  BE  SUBJECT TO THE PENALTIES UNDER SECTION THREE HUNDRED NINETY-TWO-B OF
   53  THIS ARTICLE UNLESS (I) THE RETAILER IS THE MANUFACTURER OF  THE  GENET-
   54  ICALLY  ENGINEERED  RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR
   55  SEED STOCK AND SELLS THE GENETICALLY ENGINEERED RAW AGRICULTURAL COMMOD-
       A. 3525--E                          5

    1  ITY, PROCESSED FOOD, SEED, OR SEED STOCK UNDER A BRAND IT OWNS  OR  (II)
    2  THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL.
    3    (B) ANY PERSON OR ENTITY WHO VIOLATES THE REQUIREMENTS OF THIS SECTION
    4  SHALL  BE  LIABLE  FOR  A  CIVIL  PENALTY  OF NOT MORE THAN ONE THOUSAND
    5  DOLLARS PER DAY, PER PRODUCT.
    6    4. NOTICE OF VIOLATION. IN ANY CASE  WHERE  THERE  HAS  BEEN  A  FINAL
    7  DETERMINATION BY THE DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS
    8  OF  THIS  SECTION,  THE  DEPARTMENT  SHALL MAKE AVAILABLE TO THE PUBLIC,
    9  WITHOUT CHARGE, THE FOLLOWING INFORMATION:
   10    (A) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
   11    (B) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY  THE
   12  DEPARTMENT;
   13    (C)  THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING THE
   14  NAME OF THE PRODUCT; AND
   15    (D) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
   16    5. THIRD-PARTY PROTECTION; RELIANCE ON WRITTEN STATEMENT. A  DISTRIBU-
   17  TOR OR RETAILER THAT SELLS A RAW AGRICULTURAL COMMODITY, PROCESSED FOOD,
   18  SEED, OR SEED STOCK THAT HAS BEEN PRODUCED WITH GENETIC ENGINEERING THAT
   19  FAILS  TO  MAKE  THE  DISCLOSURE REQUIRED PURSUANT TO SUBDIVISION TWO OF
   20  THIS SECTION, IS NOT SUBJECT TO FINANCIAL LIABILITY IN ANY CIVIL  ACTION
   21  TO  ENFORCE  THIS  SECTION  IF THE DISTRIBUTOR OR RETAILER RELIED ON THE
   22  WRITTEN  STATEMENT  OBTAINED  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION
   23  PROVIDED  BY  THE MANUFACTURER STATING THAT THE RAW AGRICULTURAL COMMOD-
   24  ITY, PROCESSED FOOD, SEED, OR SEED STOCK IS NOT SUBJECT TO  THE  DISCLO-
   25  SURE REQUIREMENTS UNDER THIS SECTION.
   26    S  3.  Section  198  of  the agriculture and markets law is amended by
   27  adding a new subdivision 12 to read as follows:
   28    12. THE TERM: (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED  IN
   29  ANY  METHOD  OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM
   30  ONE PLACE TO ANOTHER.
   31    (B) "ENZYME" MEANS A PROTEIN  THAT  CATALYZES  CHEMICAL  REACTIONS  OF
   32  OTHER   SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED  UPON
   33  COMPLETION OF THE REACTIONS.
   34    (C) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV-
   35  ATIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR  HUMAN  CONSUMPTION  OR
   36  SEED  MEANS PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS
   37  ALTERED MATERIALLY THROUGH THE APPLICATION OF:
   38    (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING  BUT  NOT  LIMITED  TO
   39  RECOMBINANT  DEOXYRIBONUCLEIC  ACID  (DNA)  TECHNIQUES  AND  THE  DIRECT
   40  INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR
   41    (II) THE FUSION OF CELLS BEYOND THE TAXONOMIC  FAMILY  THAT  OVERCOMES
   42  NATURAL  PHYSIOLOGICAL,  REPRODUCTIVE,  OR RECOMBINANT BARRIERS AND THAT
   43  ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
   44    FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO  NUCLEIC
   45  ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
   46  TECHNIQUES  THAT  USE VECTOR SYSTEMS AND TECHNIQUES INVOLVING THE DIRECT
   47  INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
   48  THE  ORGANISMS  SUCH  AS  BIOLISTICS,  MICROINJECTION,  MACRO-INJECTION,
   49  CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
   50    (D)   "MANUFACTURER"  MEANS  A  PERSON  OR  BUSINESS  ENGAGED  IN  THE
   51  PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
   52    (E) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE  CONSUMED  OR
   53  ADMINISTERED  ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
   54  INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE  OR  CONDITION
   55  FOR  WHICH  DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED ON RECOGNIZED
   56  SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
       A. 3525--E                          6

    1    (F) "PROCESSED FOOD" MEANS ANY FOOD  OTHER  THAN  A  RAW  AGRICULTURAL
    2  COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
    3  THAT  HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
    4  COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
    5    (G) "PROCESSING AID" MEANS:
    6    (I)  A  SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE
    7  FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
    8  IN ITS FINISHED FORM;
    9    (II)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD DURING PROCESSING, IS
   10  CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
   11  SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
   12  THE FOOD; OR
   13    (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
   14  TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED  FOOD  AT
   15  INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
   16  EFFECT IN THAT FINISHED FOOD.
   17    (H) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
   18  GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES.
   19    (I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
   20  INDIVIDUALS OR BUSINESSES TO THE END-USER.
   21    S  4.  Section  201  of  the agriculture and markets law is amended by
   22  adding a new subdivision 15 to read as follows:
   23    15. (A) ANY FOOD FOR HUMAN CONSUMPTION, SEED, OR  SEED  STOCK  OFFERED
   24  FOR  RETAIL SALE IN NEW YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY
   25  ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGINEERING AND THAT  FACT
   26  IS NOT DISCLOSED AS FOLLOWS:
   27    (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
   28  PACKAGED  OR  LABELED,  THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
   29  ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR  "GMO",
   30  OR  A DERIVATIVE OF THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED
   31  FOR PACKAGING, HOLDING, AND/OR TRANSPORT  IN  A  CLEAR  AND  CONSPICUOUS
   32  MANNER  BY  THE  MANUFACTURER,  AND  MAINTAINED  BY THE DISTRIBUTOR, AND
   33  DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL SHELF  OR  BIN
   34  IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER.
   35    (II)  IN  THE  CASE OF A RAW AGRICULTURAL COMMODITY THAT IS SEPARATELY
   36  PACKAGED OR PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC ENGINEER-
   37  ING, THE MANUFACTURER MUST LABEL THE FOOD, IN A  CLEAR  AND  CONSPICUOUS
   38  MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH GENET-
   39  IC  ENGINEERING"  OR  ANY  OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS
   40  "GE", "GM", "GMO", OR A DERIVATIVE OF THOSE PHRASES.
   41    (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
   42  ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE  SEED  OR  SEED
   43  STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
   44  CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
   45  THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
   46  THOSE  WORDS,  THE INITIALS "GE,", "GM", "GMO", OR A DERIVATIVE OF THOSE
   47  PHRASES.
   48    (B) THIS SUBDIVISION SHALL NOT BE  CONSTRUED  TO  REQUIRE  EITHER  THE
   49  LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGI-
   50  NEERED,  NOR  THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY
   51  OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE," "GM",  "GMO",  OR  A
   52  DERIVATIVE  OF  THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON
   53  NAME OR PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
   54    (C) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO  THIS  SECTION  SOLELY
   55  BECAUSE  IT  INCLUDES  ONE OR MORE MATERIALS PRODUCED WITH GENETIC ENGI-
   56  NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE-
       A. 3525--E                          7

    1  RIALS IN THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS  OF  ONE
    2  PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD.
    3    (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
    4    (I)  FOOD  CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
    5  THAT HAS NOT ITSELF BEEN PRODUCED WITH GENETIC  ENGINEERING,  REGARDLESS
    6  OF  WHETHER  THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC
    7  ENGINEERING OR TREATED WITH ANY DRUG OR VACCINE THAT HAS  BEEN  PRODUCED
    8  WITH GENETIC ENGINEERING;
    9    (II)  A  RAW  AGRICULTURAL COMMODITY, PROCESSED FOOD, OR SEED THAT HAS
   10  BEEN GROWN, RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND  INTEN-
   11  TIONAL USE OF GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN
   12  THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON OR ENTITY RESPONSIBLE FOR
   13  COMPLYING  WITH  PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW
   14  AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK MUST OBTAIN,
   15  FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED,
   16  OR SEED STOCK MUST OBTAIN,  FROM  WHOMEVER  SOLD  THE  RAW  AGRICULTURAL
   17  COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK TO THAT PERSON, A WRITTEN
   18  STATEMENT,  WHICH  MAY BE INCLUDED ON AN INVOICE THAT MAY BE IN AN ELEC-
   19  TRONIC FORM, THAT THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD,  SEED,
   20  OR SEED STOCK: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY PRODUCED WITH
   21  GENETIC  ENGINEERING; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT BEEN
   22  KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT MAY  HAVE
   23  BEEN PRODUCED WITH GENETIC ENGINEERING;
   24    (III)  ANY  PROCESSED  FOOD  THAT WOULD BE SUBJECT TO THIS SUBDIVISION
   25  SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
   26  PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
   27    (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
   28  HOLIC BEVERAGE CONTROL LAW;
   29    (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
   30  OFFERED FOR SALE AS "ORGANIC" PURSUANT  TO  THE  FEDERAL  ORGANIC  FOODS
   31  PRODUCTION  ACT  OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM TIME TO
   32  TIME, AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED  PURSUANT
   33  THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE;
   34    (VI)  FOOD  THAT  IS  NOT  PACKAGED FOR SALE AND THAT EITHER: (I) IS A
   35  PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION  OR
   36  (II)  IS  SERVED,  SOLD,  OR  OTHERWISE PROVIDED IN ANY RESTAURANT, FOOD
   37  FACILITY, OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD  PREPARED
   38  AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
   39    (VII) MEDICAL FOOD.
   40    (E)(I)  ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY VIOLATING
   41  THIS SECTION SHALL BE SUBJECT TO THE  PENALTIES  FOR  FALSE  LABELS  AND
   42  MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
   43  THE  GENERAL BUSINESS LAW, PROVIDED HOWEVER THAT A RETAILER SHALL NOT BE
   44  SUBJECT TO THE PENALTIES UNDER SECTION THREE HUNDRED NINETY-TWO-B OF THE
   45  GENERAL BUSINESS LAW UNLESS (1) THE RETAILER IS THE MANUFACTURER OF  THE
   46  GENETICALLY ENGINEERED RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED,
   47  OR  SEED  STOCK  AND  SELLS  THE GENETICALLY ENGINEERED RAW AGRICULTURAL
   48  COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK UNDER A BRAND IT OWNS  OR
   49  (2) THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL.
   50    (II)  ANY  PERSON  OR  ENTITY  WHO  VIOLATES  THE REQUIREMENTS OF THIS
   51  SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN  ONE  THOU-
   52  SAND DOLLARS PER DAY, PER PRODUCT.
   53    (F)  IN  ANY  CASE  WHERE  THERE HAS BEEN A FINAL DETERMINATION BY THE
   54  DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION,
   55  THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC, WITHOUT  CHARGE,  THE
   56  FOLLOWING INFORMATION:
       A. 3525--E                          8

    1    (I) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
    2    (II) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY THE
    3  DEPARTMENT;
    4    (III)  THE  VIOLATION  THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING
    5  THE NAME OF THE PRODUCT; AND
    6    (IV) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
    7    (G) A DISTRIBUTOR OR RETAILER THAT SELLS A RAW AGRICULTURAL COMMODITY,
    8  PROCESSED FOOD, SEED, OR SEED STOCK THAT HAS BEEN PRODUCED WITH  GENETIC
    9  ENGINEERING  THAT  FAILS  TO  MAKE  THE  DISCLOSURE REQUIRED PURSUANT TO
   10  SECTION THREE HUNDRED NINETY-ONE-T OF THE GENERAL BUSINESS LAW,  IS  NOT
   11  SUBJECT  TO  FINANCIAL  LIABILITY  IN  ANY  CIVIL ACTION TO ENFORCE THIS
   12  SECTION IF THE DISTRIBUTOR OR RETAILER RELIED ON THE  WRITTEN  STATEMENT
   13  OBTAINED  UNDER SUBDIVISION TWO OF SECTION THREE HUNDRED NINETY-ONE-T OF
   14  THE GENERAL BUSINESS LAW PROVIDED BY THE MANUFACTURER STATING  THAT  THE
   15  RAW  AGRICULTURAL  COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK IS NOT
   16  SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER SUCH SECTION.
   17    S 5. Severability clause. If any provision of this act or its applica-
   18  tion to any person, legal entity, or circumstance is held  invalid,  the
   19  remainder  of  the  act  or  the  application  of the provision to other
   20  persons, legal entity or circumstances shall not be affected.
   21    S 6. This act shall take effect twenty-four months after it shall have
   22  become a law; provided, however, that effective immediately, the depart-
   23  ment of agriculture and markets shall adopt any  rules  and  regulations
   24  necessary to implement this act, including, but not limited to, creating
   25  and  maintaining  a list, which shall be made available to the public at
   26  no cost, of raw agricultural commodities that are produced with  genetic
   27  engineering;  provided,  further, that the department of agriculture and
   28  markets is not authorized to create any exemptions beyond those provided
   29  for in paragraph (d) of subdivision 2 of section 391-t  of  the  general
   30  business  law  as  added by section two of this act and paragraph (d) of
   31  subdivision 15 of section 201 of the  agriculture  and  markets  law  as
   32  added by section four of this act; this act shall remain in effect until
   33  such time as a comprehensive federal system requiring mandatory labeling
   34  of  raw  agricultural commodities, processed foods, seed, and seed stock
   35  produced with genetic engineering is implemented, provided however  that
   36  nothing  contained  herein  shall  prevent the state from exercising any
   37  concurrent authority  authorized  by  federal  law;  provided  that  the
   38  commissioner  of  agriculture  and  markets shall notify the legislative
   39  bill drafting commission upon the  occurrence  of  the  enactment  of  a
   40  comprehensive  federal  system requiring mandatory labeling of raw agri-
   41  cultural commodities, processed foods, seed,  and  seed  stock  produced
   42  with  genetic  engineering  in order that the commission may maintain an
   43  accurate and timely effective data base of the official text of the laws
   44  of the state of New York in furtherance of effectuating  the  provisions
   45  of  section  44  of  the  legislative law and section 70-b of the public
   46  officers law.
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