S00485 Summary:

BILL NOS00485B
 
SAME ASSAME AS A00617-B
 
SPONSORLAVALLE
 
COSPNSRADDABBO, AVELLA, BOYLE, BRESLIN, CARLUCCI, COMRIE, DILAN, ESPAILLAT, GIANARIS, HAMILTON, HANNON, HASSELL-THOMPSON, HOYLMAN, KAMINSKY, KRUEGER, LANZA, LATIMER, MARTINS, MONTGOMERY, MURPHY, PANEPINTO, PARKER, PERALTA, PERKINS, PERSAUD, RIVERA, ROBACH, SANDERS, SAVINO, SERRANO, STAVISKY
 
MLTSPNSR
 
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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S00485 Actions:

BILL NOS00485B
 
01/07/2015REFERRED TO CONSUMER PROTECTION
05/28/2015AMEND AND RECOMMIT TO CONSUMER PROTECTION
05/28/2015PRINT NUMBER 485A
06/02/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/06/2016REFERRED TO CONSUMER PROTECTION
01/29/2016AMEND AND RECOMMIT TO CONSUMER PROTECTION
01/29/2016PRINT NUMBER 485B
04/05/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
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S00485 Memo:

Memo not available
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S00485 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         485--B
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by Sens. LAVALLE, ADDABBO, AVELLA, BOYLE, BRESLIN, CARLUCCI,
          COMRIE, DILAN, ESPAILLAT, HAMILTON, HASSELL-THOMPSON, HOYLMAN,  KRUEG-
          ER,  LANZA,  LATIMER,  MARTINS, MONTGOMERY, MURPHY, PANEPINTO, PARKER,
          PERALTA, PERKINS, RIVERA, ROBACH, SAVINO, SERRANO,  STAVISKY  --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee  on  Consumer  Protection  --  committee  discharged,   bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Consumer Protection in  accord-
          ance with Senate Rule 6, sec. 8 -- 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;
    10    (b)  Identification  of  foods  produced  with genetic engineering can
    11  provide a critical  method  for  tracking  effects  of  consuming  foods
    12  produced with genetic engineering;
    13    (c)  More  than  sixty  countries, including key United States trading
    14  partners, have  laws  mandating  disclosure  of  genetically  engineered
    15  foods.  Identifying  foods  produced  with genetic engineering will help
    16  protect our state's export market;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03147-07-6

        S. 485--B                           2
 
     1    (d) A variety of genetically engineered crops are commercially  culti-
     2  vated  and  sold  in  the  United  States, including corn, canola, sugar
     3  beets, soybean, cotton, alfalfa, and papaya. It has been estimated  that
     4  70-80%  of packaged grocery products contain some materials derived from
     5  these genetically engineered crops;
     6    (e)  Without  disclosure,  consumers with certain dietary restrictions
     7  may  unknowingly  consume  such  food  in  violation  of  such   dietary
     8  restrictions;
     9    (f)  Preserving the identity, quality, and reliability of agricultural
    10  products is of prime importance to our state's fiscal health;
    11    (g) The cultivation of genetically engineered crops can cause  serious
    12  environmental impacts;
    13    (h) It is the intent of this act to ensure that New York consumers and
    14  farmers  are fully and reliably informed about whether the food and seed
    15  they purchase and eat were produced with genetic engineering so they may
    16  choose for themselves whether to purchase and eat or use such  food  and
    17  seed;
    18    (i)  It  is  the  intent  of this act only to regulate the labeling of
    19  seed, seed stock, and food for human consumption offered for retail sale
    20  within New York State.
    21    § 2. The general business law is amended by adding a new section 391-u
    22  to read as follows:
    23    § 391-u. Genetically engineered foods; required labeling.  1.    Defi-
    24  nitions. As used in this section, the term:
    25    (a)  "Department"  means  the  state  department  of  agriculture  and
    26  markets.
    27    (b) "Distributor" means a person or business engaged in any method  of
    28  distributing  or  transporting  a food or food product from one place to
    29  another.
    30    (c) "Enzyme" means a protein  that  catalyzes  chemical  reactions  of
    31  other   substances  without  itself  being  destroyed  or  altered  upon
    32  completion of the reactions.
    33    (d) "Genetically engineered," or "genetically modified," or any deriv-
    34  ative of those words, as applied to any food for  human  consumption  or
    35  seed  means produced from or with an organism or organisms with genetics
    36  altered materially through the application of:
    37    (i) in vitro nucleic acid techniques, including  but  not  limited  to
    38  recombinant  deoxyribonucleic  acid  (DNA)  techniques  and  the  direct
    39  injection of nucleic acid into cells or organelles; or
    40    (ii) the fusion of cells beyond the taxonomic  family  that  overcomes
    41  natural  physiological,  reproductive,  or recombinant barriers and that
    42  are not techniques used in traditional breeding and selection.
    43    For purposes of subparagraph (i) of this paragraph, "in vitro  nucleic
    44  acid techniques" include, but are not limited to, recombinant DNA or RNA
    45  techniques  that use vector systems, and techniques involving the direct
    46  introduction into the organisms of hereditary materials prepared outside
    47  the  organisms  such  as  biolistics,  microinjection,  macro-injection,
    48  chemoporation, electroporation, microencapsulation, and liposome fusion.
    49    (e)   "Manufacturer"  means  a  person  or  business  engaged  in  the
    50  production or processing of seed, seed stock, or any food product.
    51    (f) "Medical food" means a food that is formulated to be  consumed  or
    52  administered  enterally under the supervision of a physician and that is
    53  intended for the specific dietary management of a disease  or  condition
    54  for  which  distinctive  nutritional  requirements,  based on recognized
    55  scientific principles, are established by medical evaluation.

        S. 485--B                           3

     1    (g) "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    (h) "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    (i) "Stock-keeping unit," for purposes of subdivision  three  of  this
    18  section,  shall  mean  all  of  a group of food items of the same brand,
    19  quantity of contents, retail price, and variety.
    20    (j) "Raw agricultural commodity" means any  plant,  animal,  or  fungi
    21  grown or produced for human food-use purposes.
    22    (k) "Retailer" means a person or business engaged in selling food from
    23  individuals or businesses to the end-user.
    24    2.  Labeling of genetically engineered seed and food. (a) Any food for
    25  human consumption, seed, or seed stock offered for retail  sale  in  New
    26  York is misbranded if it is entirely genetically engineered or partially
    27  produced  with  genetic  engineering  and  that fact is not disclosed as
    28  follows:
    29    (i) In the case of a raw agricultural commodity that is not separately
    30  packaged or labeled, the words "Produced with  Genetic  Engineering"  or
    31  any  other derivative of those words, the initials "GE", "GM", or "GMO",
    32  or a derivative of those phrases, shall be placed on the container  used
    33  for  packaging,  holding,  and/or  transport  in a clear and conspicuous
    34  manner by the manufacturer,  and  maintained  by  the  distributor,  and
    35  displayed in a clear and conspicuous manner on the retail store shelf or
    36  bin in which such commodity is offered for sale by the retailer.
    37    (ii)  In  the  case of a raw agricultural commodity that is separately
    38  packaged or processed food containing some products of genetic engineer-
    39  ing, the manufacturer must label the food, in a  clear  and  conspicuous
    40  manner on the package of such food, with the words "Produced with Genet-
    41  ic  Engineering"  or  any  other derivative of those words, the initials
    42  "GE", "GM", "GMO", or a derivative of those phrases.
    43    (iii) In the case of any seed or seed stock, the manufacturer or other
    44  entity responsible for producing the seed must label the  seed  or  seed
    45  stock container, the sales receipt, and any other reference to identifi-
    46  cation, ownership, or possession, in a clear and conspicuous manner with
    47  the words "Produced with Genetic Engineering" or any other derivative of
    48  those  words,  the  initials "GE", "GM", "GMO", or a derivative of those
    49  phrases.
    50    (b) This section shall not be construed to require either the  listing
    51  or  identification  of any ingredients that were genetically engineered,
    52  nor that the phrase "Produced with Genetic  Engineering"  or  any  other
    53  derivative  of those words, the initials "GE", "GM", "GMO", or a deriva-
    54  tive of those phrases be placed immediately preceding any common name or
    55  primary product descriptor of a food.

        S. 485--B                           4
 
     1    (c) Any processed food that would be subject to  this  section  solely
     2  because  it  includes  one or more materials produced with genetic engi-
     3  neering is not misbranded provided that the genetically engineered mate-
     4  rials in the aggregate do not account for more than nine-tenths  of  one
     5  percent of the total weight of the processed food.
     6    (d) This subdivision does not apply to any of the following:
     7    (i)  Food  consisting entirely of, or derived entirely from, an animal
     8  that has not itself been produced with genetic  engineering,  regardless
     9  of  whether  the animal has been fed with any food produced with genetic
    10  engineering or treated with any drug or vaccine that has  been  produced
    11  with genetic engineering;
    12    (ii)  A  raw  agricultural commodity, processed food, or seed that has
    13  been grown, raised, produced, or derived without the knowing and  inten-
    14  tional use of genetically engineered seed or food. To be included within
    15  the exclusion under this paragraph, the person or entity responsible for
    16  complying  with  this  subdivision  with  respect  to a raw agricultural
    17  commodity, processed food, seed, or seed stock must obtain, from whomev-
    18  er sold the raw agricultural commodity, processed food,  seed,  or  seed
    19  stock  to  that person, a written statement, which may be included on an
    20  invoice that may be in an electronic form,  that  the  raw  agricultural
    21  commodity,  processed  food, seed, or seed stock: (1) has not been know-
    22  ingly or intentionally produced with genetic engineering;  and  (2)  has
    23  been  segregated  from,  and  has  not  been  knowingly or intentionally
    24  commingled with foods or seeds that may have been produced with  genetic
    25  engineering;
    26    (iii)  Any processed food that would be subject to this section solely
    27  because one or more of the  processing  aids  or  enzymes  used  in  its
    28  production were produced with or derived from genetic engineering;
    29    (iv) Any alcoholic beverage that is subject to regulation by the alco-
    30  holic beverage control law;
    31    (v) Food that has been lawfully certified to be labeled, marketed, and
    32  offered  for  sale  as  "organic"  pursuant to the federal Organic Foods
    33  Production Act of 1990, 7 U.S.C. 6501, et seq. as amended from  time  to
    34  time,  and the National Organic Program regulations promulgated pursuant
    35  thereto by the United States Department of Agriculture;
    36    (vi) Food that is not packaged for sale and  that  either:  (i)  is  a
    37  processed  food prepared and intended for immediate human consumption or
    38  (ii) is served, sold, or otherwise  provided  in  any  restaurant,  food
    39  facility,  or food retailer that is engaged in the sale of food prepared
    40  and intended for immediate human consumption; or
    41    (vii) Medical food.
    42    3. Violation. Any person or entity who violates  the  requirements  of
    43  this  section  shall  be liable for a civil penalty of not more than one
    44  thousand dollars, per day, per stock-keeping unit, provided however that
    45  no liability shall arise under this section until after said  person  or
    46  entity is given formal notice of the violation.
    47    4.  Notice  of  violation.  In  any  case where there has been a final
    48  determination by the department, of a violation of any of the provisions
    49  of this section, the department shall  make  available  to  the  public,
    50  without charge, the following information:
    51    (a) the name and business address of the violator;
    52    (b)  the date or dates of inspection of the violator's premises by the
    53  department;
    54    (c) the violation that was determined to have occurred, including  the
    55  name of the product; and
    56    (d) the amount of the penalty that was assessed by the department.

        S. 485--B                           5
 
     1    5.  Third-party protection; reliance on written statement. A distribu-
     2  tor or retailer that sells a raw agricultural commodity, processed food,
     3  seed, or seed stock that has been produced with genetic engineering that
     4  fails to make the disclosure required pursuant  to  subdivision  two  of
     5  this  section, is not subject to financial liability in any civil action
     6  to enforce this section if the distributor or  retailer  relied  on  the
     7  written  statement  obtained  under  subdivision  two  of  this  section
     8  provided by the manufacturer stating that the raw  agricultural  commod-
     9  ity,  processed  food, seed, or seed stock is not subject to the disclo-
    10  sure requirements under this section.
    11    § 3. Section 198 of the agriculture and  markets  law  is  amended  by
    12  adding a new subdivision 12 to read as follows:
    13    12.  The term: (a) "Distributor" means a person or business engaged in
    14  any method of distributing or transporting a food or food  product  from
    15  one place to another.
    16    (b)  "Enzyme"  means  a  protein  that catalyzes chemical reactions of
    17  other  substances  without  itself  being  destroyed  or  altered   upon
    18  completion of the reactions.
    19    (c) "Genetically engineered," or "genetically modified," or any deriv-
    20  ative  of  those  words, as applied to any food for human consumption or
    21  seed means produced from or with an organism or organisms with  genetics
    22  altered materially through the application of:
    23    (i)  in  vitro  nucleic  acid techniques, including but not limited to
    24  recombinant  deoxyribonucleic  acid  (DNA)  techniques  and  the  direct
    25  injection of nucleic acid into cells or organelles; or
    26    (ii)  the  fusion  of cells beyond the taxonomic family that overcomes
    27  natural physiological, reproductive, or recombinant  barriers  and  that
    28  are not techniques used in traditional breeding and selection.
    29    For  purposes of subparagraph (i) of this paragraph, "in vitro nucleic
    30  acid techniques" include, but are not limited to, recombinant DNA or RNA
    31  techniques that use vector systems and techniques involving  the  direct
    32  introduction into the organisms of hereditary materials prepared outside
    33  the  organisms  such  as  biolistics,  microinjection,  macro-injection,
    34  chemoporation, electroporation, microencapsulation, and liposome fusion.
    35    (d)  "Manufacturer"  means  a  person  or  business  engaged  in   the
    36  production or processing of seed, seed stock, or any food product.
    37    (e)  "Medical  food" means a food that is formulated to be consumed or
    38  administered enterally under the supervision of a physician and that  is
    39  intended  for  the specific dietary management of a disease or condition
    40  for which distinctive  nutritional  requirements,  based  on  recognized
    41  scientific principles, are established by medical evaluation.
    42    (f)  "Processed  food"  means  any  food other than a raw agricultural
    43  commodity, including any food produced from a raw agricultural commodity
    44  that has been subject to processing such as canning, smoking,  pressing,
    45  cooking, freezing, dehydration, fermentation, or milling.
    46    (g) "Processing aid" means:
    47    (i)  a  substance that is added to a food during the processing of the
    48  food but is removed in some manner from the food before it  is  packaged
    49  in its finished form;
    50    (ii)  a  substance  that  is  added  to  a  food during processing, is
    51  converted into constituents normally present in the food, and  does  not
    52  significantly increase the amount of the constituents naturally found in
    53  the food; or
    54    (iii)  a  substance that is added to a food for its technical or func-
    55  tional effect in the processing but is present in the finished  food  at

        S. 485--B                           6
 
     1  insignificant  levels  and  does  not  have  any technical or functional
     2  effect in that finished food.
     3    (h)  For  the  purposes  of  paragraph  (e)  of subdivision fifteen of
     4  section two hundred one of this article, "stock-keeping unit" shall mean
     5  all of a group of food items of the same brand,  quantity  of  contents,
     6  retail price, and variety.
     7    (i)"Raw  agricultural  commodity"  means  any  plant, animal, or fungi
     8  grown or produced for human food-use purposes.
     9    (j) "Retailer" means a person or business engaged in selling food from
    10  individuals or businesses to the end-user.
    11    § 4. Section 201 of the agriculture and  markets  law  is  amended  by
    12  adding a new subdivision 15 to read as follows:
    13    15.  (a)  Any  food for human consumption, seed, or seed stock offered
    14  for retail sale in New York is misbranded if it is entirely  genetically
    15  engineered  or partially produced with genetic engineering and that fact
    16  is not disclosed as follows:
    17    (i) In the case of a raw agricultural commodity that is not separately
    18  packaged or labeled, the words "produced with  genetic  engineering"  or
    19  any  other derivative of those words, the initials "GE", "GM", or "GMO",
    20  or a derivative of those phrases, shall be placed on the container  used
    21  for  packaging,  holding,  and/or  transport  in a clear and conspicuous
    22  manner by the manufacturer,  and  maintained  by  the  distributor,  and
    23  displayed  in  a clear and conspicuous manner on the retail shelf or bin
    24  in which such commodity is offered for sale by the retailer.
    25    (ii) In the case of a raw agricultural commodity  that  is  separately
    26  packaged or processed food containing some products of genetic engineer-
    27  ing,  the  manufacturer  must label the food, in a clear and conspicuous
    28  manner on the package of such food, with the words "Produced with Genet-
    29  ic Engineering" or any other derivative of  those  words,  the  initials
    30  "GE", "GM", "GMO", or a derivative of those phrases.
    31    (iii) In the case of any seed or seed stock, the manufacturer or other
    32  entity  responsible  for  producing the seed must label the seed or seed
    33  stock container, the sales receipt, and any other reference to identifi-
    34  cation, ownership, or possession, in a clear and conspicuous manner with
    35  the words "Produced with Genetic Engineering" or any other derivative of
    36  those words, the initials "GE,", "GM", "GMO", or a derivative  of  those
    37  phrases.
    38    (b)  This  subdivision  shall  not  be construed to require either the
    39  listing or identification of any ingredients that were genetically engi-
    40  neered, nor that the phrase "Produced with Genetic Engineering"  or  any
    41  other  derivative  of  those words, the initials "GE," "GM", "GMO", or a
    42  derivative of those phrases be placed immediately preceding  any  common
    43  name or primary product descriptor of a food.
    44    (c)  Any  processed  food that would be subject to this section solely
    45  because it includes one or more materials produced  with  genetic  engi-
    46  neering is not misbranded provided that the genetically engineered mate-
    47  rials  in  the aggregate do not account for more than nine-tenths of one
    48  percent of the total weight of the processed food.
    49    (d) This subdivision does not apply to any of the following:
    50    (i) Food consisting entirely of, or derived entirely from,  an  animal
    51  that  has  not itself been produced with genetic engineering, regardless
    52  of whether the animal has been fed with any food produced  with  genetic
    53  engineering  or  treated with any drug or vaccine that has been produced
    54  with genetic engineering;
    55    (ii) A raw agricultural commodity, processed food, or  seed  that  has
    56  been  grown, raised, produced, or derived without the knowing and inten-

        S. 485--B                           7
 
     1  tional use of genetically engineered seed or food. To be included within
     2  the exclusion under this paragraph, the person or entity responsible for
     3  complying with paragraph (a) of this subdivision with respect to  a  raw
     4  agricultural commodity, processed food, seed, or seed stock must obtain,
     5  from whomever sold the raw agricultural commodity, processed food, seed,
     6  or  seed  stock  must  obtain,  from  whomever sold the raw agricultural
     7  commodity, processed food, seed, or seed stock to that person, a written
     8  statement, which may be included on an invoice that may be in  an  elec-
     9  tronic  form, that the raw agricultural commodity, processed food, seed,
    10  or seed stock: (1) has not been knowingly or intentionally produced with
    11  genetic engineering; and (2) has been segregated from, and has not  been
    12  knowingly  or intentionally commingled with foods or seeds that may have
    13  been produced with genetic engineering;
    14    (iii) Any processed food that would be  subject  to  this  subdivision
    15  solely because one or more of the processing aids or enzymes used in its
    16  production were produced with or derived from genetic engineering;
    17    (iv) Any alcoholic beverage that is subject to regulation by the alco-
    18  holic beverage control law;
    19    (v) Food that has been lawfully certified to be labeled, marketed, and
    20  offered  for  sale  as  "organic"  pursuant to the federal Organic Foods
    21  Production Act of 1990, 7 U.S.C. 6501, et seq. as amended from  time  to
    22  time,  and the National Organic Program regulations promulgated pursuant
    23  thereto by the United States Department of Agriculture;
    24    (vi) Food that is not packaged for sale and  that  either:  (i)  is  a
    25  processed  food prepared and intended for immediate human consumption or
    26  (ii) is served, sold, or otherwise  provided  in  any  restaurant,  food
    27  facility,  or food retailer that is engaged in the sale of food prepared
    28  and intended for immediate human consumption; or
    29    (vii) Medical food.
    30    (e) Any person or entity who violates the requirements of this section
    31  shall be liable for a civil  penalty  of  not  more  than  one  thousand
    32  dollars,  per  day,  per  stock-keeping  unit,  provided however that no
    33  liability shall arise under this section  until  after  said  person  or
    34  entity is given formal notice of the violation.
    35    (f)  In  any  case  where  there has been a final determination by the
    36  department, of a violation of any of the provisions of this subdivision,
    37  the department shall make available to the public, without  charge,  the
    38  following information:
    39    (i) the name and business address of the violator;
    40    (ii) the date or dates of inspection of the violator's premises by the
    41  department;
    42    (iii)  the  violation  that was determined to have occurred, including
    43  the name of the product; and
    44    (iv) the amount of the penalty that was assessed by the department.
    45    (g) A distributor or retailer that sells a raw agricultural commodity,
    46  processed food, seed, or seed stock that has been produced with  genetic
    47  engineering  that  fails  to  make  the  disclosure required pursuant to
    48  section three hundred ninety-one-u of the general business law,  is  not
    49  subject  to  financial  liability  in  any  civil action to enforce this
    50  section if the distributor or retailer relied on the  written  statement
    51  obtained  under subdivision two of section three hundred ninety-one-u of
    52  the general business law provided by the manufacturer stating  that  the
    53  raw  agricultural  commodity, processed food, seed, or seed stock is not
    54  subject to the disclosure requirements under such section.
    55    § 5. Severability clause. If any provision of this act or its applica-
    56  tion to any person, legal entity, or circumstance is held  invalid,  the

        S. 485--B                           8
 
     1  remainder  of  the  act  or  the  application  of the provision to other
     2  persons, legal entity or circumstances shall not be affected.
     3    § 6. This act shall take effect twenty-four months after it shall have
     4  become a law; provided, however, that effective immediately, the depart-
     5  ment  of  agriculture  and markets shall adopt any rules and regulations
     6  necessary to implement this act, including, but not limited to, creating
     7  and maintaining a list, which shall be made available to the  public  at
     8  no  cost, of raw agricultural commodities that are produced with genetic
     9  engineering; provided, further, that the department of  agriculture  and
    10  markets is not authorized to create any exemptions beyond those provided
    11  for  in  paragraph  (d) of subdivision 2 of section 391-u of the general
    12  business law as added by section two of this act and  paragraph  (d)  of
    13  subdivision  15  of  section  201  of the agriculture and markets law as
    14  added by section four of this act; this act shall remain in effect until
    15  such time as a comprehensive federal system requiring mandatory labeling
    16  of raw agricultural commodities, processed foods, seed, and  seed  stock
    17  produced  with genetic engineering is implemented, provided however that
    18  nothing contained herein shall prevent the  state  from  exercising  any
    19  concurrent  authority  authorized  by  federal  law;  provided  that the
    20  commissioner of agriculture and markets  shall  notify  the  legislative
    21  bill  drafting  commission  upon  the  occurrence  of the enactment of a
    22  comprehensive federal system requiring mandatory labeling of  raw  agri-
    23  cultural  commodities,  processed  foods,  seed, and seed stock produced
    24  with genetic engineering in order that the commission  may  maintain  an
    25  accurate and timely effective data base of the official text of the laws
    26  of  the  state of New York in furtherance of effectuating the provisions
    27  of section 44 of the legislative law and  section  70-b  of  the  public
    28  officers law.
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