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A05412 Summary:

BILL NO    A05412A

SAME AS    SAME AS S04468-A

SPONSOR    Abinanti

COSPNSR    Colton, Steck

MLTSPNSR   Arroyo, Cook, Robinson

Add Art 16-A SS266-a - 266-e, Gen Bus L

Enacts the "New York Right to Know Genetically Engineered Food Act."
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A05412 Text:

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

                                        5412--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 26, 2013
                                      ___________

       Introduced  by  M. of A. ABINANTI, COLTON, BOYLAND, STECK -- Multi-Spon-
         sored by -- M. of A. ARROYO, COOK, ROBINSON -- read once and  referred
         to  the Committee on Consumer Affairs and Protection -- 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, in relation to enacting the
         New York right to know genetically engineered food act

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "New York right to know genetically engineered food act".
    3    S 2. Legislative intent. The legislature intends to create and enforce
    4  the fundamental right of the people of New York  to  be  fully  informed
    5  about  whether  the food they purchase and eat is genetically engineered
    6  and not misbranded as natural so that they  can  choose  for  themselves
    7  whether  to  purchase  and  eat  such foods. This act shall be liberally
    8  construed to fulfill this purpose.
    9    S 3. The general business law is amended by adding a new article  16-A
   10  to read as follows:
   11                                 ARTICLE 16-A
   12           NEW YORK RIGHT TO KNOW GENETICALLY ENGINEERED FOOD ACT
   13  SECTION 266-A. DEFINITIONS.
   14          266-B. LABELING OF GENETIC ENGINEERING OF FOOD.
   15          266-C. MISBRANDING OF GENETICALLY ENGINEERED FOOD AS "NATURAL".
   16          266-D. EXEMPTIONS.
   17          266-E. ENFORCEMENT.
   18    S  266-A.  DEFINITIONS. (A) THE TERM "CULTIVATED COMMERCIALLY" AS USED
   19  IN THIS ARTICLE, MEANS GROWN OR RAISED BY A PERSON IN THE COURSE OF  HIS
   20  OR HER BUSINESS OR TRADE AND SOLD WITHIN THE UNITED STATES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05872-04-4
       A. 5412--A                          2

    1    (B) "ENZYME" SHALL MEAN A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF
    2  OTHER   SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED  UPON
    3  COMPLETION OF THE REACTIONS.
    4    (C)(I)  "GENETICALLY  ENGINEERED" SHALL MEAN ANY FOOD THAT IS PRODUCED
    5  FROM AN ORGANISM OR ORGANISMS IN WHICH THE  GENETIC  MATERIAL  HAS  BEEN
    6  CHANGED THROUGH THE APPLICATION OF:
    7    (A) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING RECOMBINANT DEOXYRIBO-
    8  NUCLEIC  ACID  (DNA) TECHNIQUES AND THE DIRECT INJECTION OF NUCLEIC ACID
    9  INTO CELLS OR ORGANELLES, OR
   10    (B) FUSION OF CELLS, INCLUDING  PROTOPLAST  FUSION,  OR  HYBRIDIZATION
   11  TECHNIQUES  THAT OVERCOME NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOM-
   12  BINATION BARRIERS, WHERE THE DONOR CELLS/PROTOPLASTS DO NOT FALL  WITHIN
   13  THE  SAME  TAXONOMIC  FAMILY,  IN  A  WAY THAT DOES NOT OCCUR BY NATURAL
   14  MULTIPLICATION OR NATURAL RECOMBINATION.
   15    (II) FOR PURPOSES OF THIS ARTICLE (A) "ORGANISM" MEANS ANY  BIOLOGICAL
   16  ENTITY  CAPABLE  OF  REPLICATION,  REPRODUCTION, OR TRANSFERRING GENETIC
   17  MATERIAL.
   18    (B) "IN VITRO NUCLEIC ACID TECHNIQUES" INCLUDE, BUT  ARE  NOT  LIMITED
   19  TO,  RECOMBINANT DNA OR RNA TECHNIQUES THAT USE VECTOR SYSTEMS AND TECH-
   20  NIQUES INVOLVING THE DIRECT INTRODUCTION INTO THE ORGANISMS  OF  HEREDI-
   21  TARY  MATERIALS  PREPARED OUTSIDE THE ORGANISMS SUCH AS MICRO-INJECTION,
   22  MACRO-INJECTION,  CHEMOPORATION,  ELECTROPORATION,  MICRO-ENCAPSULATION,
   23  AND LIPOSOME FUSION.
   24    (D) "PROCESSED FOOD" SHALL MEAN ANY FOOD OTHER THAN A RAW AGRICULTURAL
   25  COMMODITY,  AND  INCLUDES  ANY  FOOD  PRODUCED  FROM  A RAW AGRICULTURAL
   26  COMMODITY THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING,  SMOKING,
   27  PRESSING, COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
   28    (E)  "PROCESSING  AID"  SHALL  MEAN (1) A SUBSTANCE THAT IS ADDED TO A
   29  FOOD DURING THE PROCESSING OF SUCH FOOD, BUT IS REMOVED IN  SOME  MANNER
   30  FROM THE FOOD BEFORE IT IS PACKAGED IN ITS FINISHED FORM;
   31    (2)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD  DURING PROCESSING, IS
   32  CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
   33  SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
   34  THE FOOD; OR
   35    (3)  A  SUBSTANCE  THAT  IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
   36  TIONAL EFFECT IN THE PROCESSING, BUT IS PRESENT IN THE FINISHED FOOD  AT
   37  INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
   38  EFFECT IN THAT FINISHED FOOD.
   39    (F) "FOOD PROCESSING ESTABLISHMENT" SHALL HAVE THE MEANING  SET  FORTH
   40  IN SECTION 251-Z-2 OF THE AGRICULTURE AND MARKETS LAW.
   41    S  266-B. LABELING OF GENETIC ENGINEERING OF FOOD. (A) COMMENCING JULY
   42  FIRST, TWO THOUSAND FIFTEEN, ANY FOOD OFFERED FOR  RETAIL  SALE  IN  NEW
   43  YORK  IS  MISBRANDED  IF  IT  IS  OR MAY HAVE BEEN ENTIRELY OR PARTIALLY
   44  PRODUCED WITH GENETIC ENGINEERING AND THAT FACT IS NOT DISCLOSED: (I) IN
   45  THE CASE OF A RAW AGRICULTURAL COMMODITY  ON  THE  PACKAGE  OFFERED  FOR
   46  RETAIL  SALE,  WITH  THE  CLEAR AND CONSPICUOUS WORDS "GENETICALLY ENGI-
   47  NEERED" ON THE FRONT OF THE PACKAGE OF SUCH COMMODITY OR, IN THE CASE OF
   48  ANY SUCH COMMODITY THAT IS NOT SEPARATELY  PACKAGED  OR  LABELED,  ON  A
   49  LABEL APPEARING ON THE RETAIL STORE SHELF OR BIN IN WHICH SUCH COMMODITY
   50  IS  DISPLAYED FOR SALE; (II) IN THE CASE OF ANY PROCESSED FOOD, IN CLEAR
   51  AND CONSPICUOUS LANGUAGE ON THE FRONT OR BACK OF  THE  PACKAGE  OF  SUCH
   52  FOOD,  WITH  THE  WORDS "PARTIALLY PRODUCED WITH GENETIC ENGINEERING" OR
   53  "MAY BE PARTIALLY PRODUCED WITH GENETIC ENGINEERING".
   54    (B) SUBDIVISION (A) OF THIS SECTION AND SUBDIVISION (E) OF SECTION TWO
   55  HUNDRED SIXTY-SIX-D OF THIS ARTICLE SHALL NOT BE  CONSTRUED  TO  REQUIRE
   56  EITHER  THE  LISTING  OR IDENTIFICATION OF ANY INGREDIENT OR INGREDIENTS
       A. 5412--A                          3

    1  THAT WERE GENETICALLY ENGINEERED OR THAT  THE  TERM  "GENETICALLY  ENGI-
    2  NEERED" BE PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR PRIMARY PROD-
    3  UCT DESCRIPTOR OF A FOOD.
    4    S  266-C.  MISBRANDING OF GENETICALLY ENGINEERED FOOD AS "NATURAL". IN
    5  ADDITION TO ANY DISCLOSURE REQUIRED BY SECTION TWO  HUNDRED  SIXTY-SIX-B
    6  OF  THIS  ARTICLE, IF A FOOD MEETS ANY OF THE DEFINITIONS IN SUBDIVISION
    7  (C) OR (D) OF SECTION TWO HUNDRED SIXTY-SIX-A OF THIS  ARTICLE,  AND  IS
    8  NOT   OTHERWISE   EXEMPTED  FROM  LABELING  UNDER  SECTION  TWO  HUNDRED
    9  SIXTY-SIX-D OF THIS ARTICLE, THE FOOD MAY NOT IN NEW YORK, ON ITS LABEL,
   10  ACCOMPANYING SIGNAGE IN A RETAIL ESTABLISHMENT, OR IN ANY ADVERTISING OR
   11  PROMOTIONAL MATERIALS, STATE  OR  IMPLY  THAT  THE  FOOD  IS  "NATURAL,"
   12  "NATURALLY  MADE,"  "NATURALLY  GROWN,"  "ALL  NATURAL," OR ANY WORDS OF
   13  SIMILAR IMPORT THAT WOULD HAVE ANY TENDENCY TO MISLEAD ANY CONSUMER.
   14    S  266-D.  EXEMPTIONS.  THE  REQUIREMENTS  OF  SECTION   TWO   HUNDRED
   15  SIXTY-SIX-B OF THIS ARTICLE SHALL NOT APPLY TO ANY OF THE FOLLOWING:
   16    (A)  FOOD  CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
   17  THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS  OF  WHETHER
   18  SUCH  ANIMAL  HAS  BEEN  FED OR INJECTED WITH ANY GENETICALLY ENGINEERED
   19  FOOD OR ANY DRUG THAT HAS BEEN PRODUCED THROUGH MEANS OF  GENETIC  ENGI-
   20  NEERING.
   21    (B)  A  RAW  AGRICULTURAL COMMODITY OR FOOD DERIVED THEREFROM THAT HAS
   22  BEEN GROWN, RAISED, OR PRODUCED WITHOUT THE KNOWING AND INTENTIONAL  USE
   23  OF  GENETICALLY  ENGINEERED  SEED  OR  FOOD.  FOOD  WILL BE DEEMED TO BE
   24  DESCRIBED IN THE PRECEDING SENTENCE ONLY IF THE PERSON OTHERWISE RESPON-
   25  SIBLE FOR COMPLYING WITH THE REQUIREMENTS OF SUBDIVISION (A) OF  SECTION
   26  TWO  HUNDRED  SIXTY-SIX-B OF THIS ARTICLE WITH RESPECT TO A RAW AGRICUL-
   27  TURAL COMMODITY OR FOOD OBTAINS, FROM WHOEVER SOLD THE COMMODITY OR FOOD
   28  TO THAT PERSON, A SWORN STATEMENT THAT SUCH COMMODITY OR FOOD:  (I)  HAS
   29  NOT BEEN KNOWINGLY OR INTENTIONALLY GENETICALLY ENGINEERED; AND (II) HAS
   30  BEEN  SEGREGATED  FROM,  AND  HAS  NOT  BEEN  KNOWINGLY OR INTENTIONALLY
   31  COMMINGLED WITH, FOOD THAT MAY HAVE BEEN GENETICALLY ENGINEERED  AT  ANY
   32  TIME.  IN  PROVIDING  SUCH  A  SWORN STATEMENT, ANY PERSON MAY RELY ON A
   33  SWORN STATEMENT FROM HIS OR HER OWN SUPPLIER THAT CONTAINS THE  AFFIRMA-
   34  TION SET FORTH IN THE PRECEDING SENTENCE.
   35    (C)  ANY  PROCESSED  FOOD THAT WOULD BE SUBJECT TO SECTION TWO HUNDRED
   36  SIXTY-SIX-B OF THIS ARTICLE SOLELY  BECAUSE  IT  INCLUDES  ONE  OR  MORE
   37  GENETICALLY ENGINEERED PROCESSING AIDS OR ENZYMES.
   38    (D) ANY ALCOHOLIC BEVERAGE.
   39    (E)  UNTIL  JULY  FIRST,  TWO THOUSAND TWENTY, ANY PROCESSED FOOD THAT
   40  WOULD BE SUBJECT TO SECTION TWO  HUNDRED  SIXTY-SIX-B  OF  THIS  ARTICLE
   41  SOLELY  BECAUSE  IT INCLUDES ONE OR MORE GENETICALLY ENGINEERED INGREDI-
   42  ENTS, PROVIDED THAT:  (I) NO SINGLE SUCH INGREDIENT  ACCOUNTS  FOR  MORE
   43  THAN ONE-HALF OF ONE PERCENT OF THE TOTAL WEIGHT OF SUCH PROCESSED FOOD;
   44  AND (II) THE PROCESSED FOOD DOES NOT CONTAIN MORE THAN TEN SUCH INGREDI-
   45  ENTS.
   46    (F)  FOOD THAT AN INDEPENDENT ORGANIZATION HAS DETERMINED HAS NOT BEEN
   47  KNOWINGLY AND INTENTIONALLY PRODUCED FROM OR COMMINGLED WITH GENETICALLY
   48  ENGINEERED SEED OR  GENETICALLY  ENGINEERED  FOOD,  PROVIDED  THAT  SUCH
   49  DETERMINATION HAS BEEN MADE PURSUANT TO A SAMPLING AND TESTING PROCEDURE
   50  APPROVED  IN  REGULATIONS  ADOPTED  BY THE DEPARTMENT OF AGRICULTURE AND
   51  MARKETS. NO SAMPLING PROCEDURE  SHALL  BE  APPROVED  BY  THE  DEPARTMENT
   52  UNLESS SAMPLING IS DONE ACCORDING TO A STATISTICALLY VALID SAMPLING PLAN
   53  CONSISTENT  WITH  PRINCIPLES  RECOMMENDED  BY INTERNATIONALLY RECOGNIZED
   54  SOURCES SUCH AS THE INTERNATIONAL STANDARDS ORGANIZATION (ISO)  AND  THE
   55  GRAIN  AND FEED TRADE ASSOCIATION (GAFTA). NO TESTING PROCEDURE SHALL BE
   56  APPROVED BY THE DEPARTMENT UNLESS: (I) IT IS  CONSISTENT  WITH  THE  THE
       A. 5412--A                          4

    1  MOST  RECENT "GUIDELINES ON PERFORMANCE CRITERIA AND VALIDATION OF METH-
    2  ODS FOR DETECTION, IDENTIFICATION AND  QUANTIFICATION  OF  SPECIFIC  DNA
    3  SEQUENCES  AND SPECIFIC PROTEINS IN FOODS," (CAC/GL 74 (2010)) PUBLISHED
    4  BY THE CODEX ALIMENTARIUS COMMISSION; AND (II) IT DOES NOT RELY ON TEST-
    5  ING OF PROCESSED FOODS IN WHICH NO DNA IS DETECTABLE.
    6    (G) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
    7  OFFERED  FOR  SALE  AS  "ORGANIC"  PURSUANT  TO THE FEDERAL ORGANIC FOOD
    8  PRODUCTS ACT OF 1990 AND THE REGULATIONS PROMULGATED PURSUANT THERETO BY
    9  THE UNITED STATES DEPARTMENT OF AGRICULTURE.
   10    (H) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (I)  IS
   11  A  PROCESSED  FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION
   12  OR (II) IS SERVED, SOLD, OR OTHERWISE  PROVIDED  IN  ANY  RESTAURANT  OR
   13  OTHER  FOOD  FACILITY  THAT  IS  PRIMARILY  ENGAGED  IN THE SALE OF FOOD
   14  PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION.
   15    (I) MEDICAL FOOD.
   16    S 266-E. ENFORCEMENT. THE COMMISSIONER OF AGRICULTURE AND MARKETS  MAY
   17  INSTITUTE  SUCH  ACTION  AT  LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO
   18  ENFORCE COMPLIANCE WITH ANY PROVISIONS OF THIS ARTICLE OR OF  THE  RULES
   19  AND  REGULATIONS  PROMULGATED  THEREUNDER, AND, IN ADDITION TO ANY OTHER
   20  REMEDY UNDER ARTICLE THREE OF THE AGRICULTURE AND MARKETS LAW OR  OTHER-
   21  WISE,  MAY  APPLY  FOR  RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE
   22  PUBLIC INTEREST WITHOUT BEING COMPELLED  TO  ALLEGE  OR  PROVE  THAT  AN
   23  ADEQUATE  REMEDY  AT LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO
   24  THE SUPREME COURT IN ANY DISTRICT OR COUNTY AS  PROVIDED  IN  THE  CIVIL
   25  PRACTICE  LAW  AND  RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL
   26  DISTRICT.
   27    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   28  have become a law.
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