Add S391-r, Gen Bus L; amd SS198 & 201, Ag & Mkts L
Provides for the labeling of food or food products that contain a genetically modified material or that are produced with a genetically modified material; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.
STATE OF NEW YORK
________________________________________________________________________
3908
2011-2012 Regular Sessions
IN SENATE
March 9, 2011
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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. The general business law is amended by adding a new section
2 391-r to read as follows:
3 § 391-r. Genetically modified foods; required labeling. 1. As used in
4 this section, the term:
5 (a) "Genetically modified material" means material derived from any
6 part of a genetically modified organism, without regard to whether the
7 altered molecular or cellular characteristics of the organism are
8 detectable in the material.
9 (b) "Genetically modified organism" means:
10 (i) an organism that has been altered at the molecular or cellular
11 level by means that are not possible under natural conditions or proc-
12 esses, including recombinant DNA and RNA techniques, cell fusion,
13 microencapsulation, macroencapsulation, gene deletion and doubling,
14 introduction of a foreign gene, and a process that changes the positions
15 of genes, other than a means consisting exclusively of breeding, conju-
16 gation, fermentation, hybridization, in vitro fertilization, or tissue
17 culture; and
18 (ii) an organism made through sexual or asexual reproduction, or both,
19 involving an organism described in subparagraph (i) of this paragraph,
20 if possessing any of the altered molecular or cellular characteristics
21 of the organism so described.
22 (c) "Produced with a genetically modified material" used with respect
23 to a food, means a food if:
24 (i) the organism from which the food is derived has been injected or
25 otherwise treated with a genetically modified material, except that the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04678-01-1
S. 3908 2
1 use of manure as a fertilizer for raw agricultural commodities may not
2 be construed to be production with a genetically modified material;
3 (ii) the animal from which the food is derived has been fed genet-
4 ically modified material; and
5 (iii) the food contains an ingredient that is a food to which subpara-
6 graph (i) or (ii) of this paragraph applies.
7 2. No person, firm, corporation, or other legal entity shall manufac-
8 ture, sell or distribute food or food products produced with a genet-
9 ically modified material, or containing a genetically modified material
10 unless it bears a label or labeling upon which shall be clearly
11 imprinted the words "THIS PRODUCT CONTAINS A GENETICALLY MODIFIED MATE-
12 RIAL," or "THIS PRODUCT WAS PRODUCED WITH A GENETICALLY MODIFIED MATERI-
13 AL".
14 3. (a) Any person, firm, corporation, or other legal entity violating
15 this section shall be subject to the penalties for false labels and
16 misbranding as set forth in section three hundred ninety-two-b of this
17 article unless:
18 (i) such person is an agricultural producer and the violation occurs
19 because food that is grown, raised, or otherwise produced by such
20 producer, which food does not contain a genetically modified material
21 and was not produced with a genetically modified material, is contam-
22 inated with a food that contains a genetically modified material or was
23 produced with a genetically modified material including contamination
24 resulting from the mingling of foods; and
25 (ii) such contamination is not intended by the agricultural producer.
26 (b) Paragraph (a) of this subdivision shall not apply to an agricul-
27 tural producer to the extent that such contamination occurs as a result
28 of the negligence of such producer.
29 § 2. Section 198 of the agriculture and markets law is amended by
30 adding a new subdivision 12 to read as follows:
31 12. (a) The term "genetically modified material" means material
32 derived from any part of a genetically modified organism, without regard
33 to whether the altered molecular or cellular characteristics of the
34 organism are detectable in the material.
35 (b) The term "genetically modified organism" means:
36 (i) an organism that has been altered at the molecular or cellular
37 level by means that are not possible under natural conditions or proc-
38 esses, including recombinant DNA and RNA techniques, cell fusion,
39 microencapsulation, macroencapsulation, gene deletion and doubling,
40 introduction of a foreign gene, and a process that changes the position
41 of genes, other than a means consisting exclusively of breeding, conju-
42 gation, fermentation, hybridization, in vitro fertilization, or tissue
43 culture; and
44 (ii) an organism made through sexual or asexual reproduction, or both,
45 involving an organism described in subparagraph (i) of this paragraph,
46 if possessing any of the altered molecular or cellular characteristics
47 of the organism so described.
48 (c) The term "produced with a genetically modified material," used
49 with respect to a food, means a food if:
50 (i) the organism from which the food is derived has been injected or
51 otherwise treated with a genetically modified material, except that the
52 use of manure as a fertilizer for raw agricultural commodities may not
53 be construed to be production with a genetically modified material;
54 (ii) the animal from which the food is derived has been fed genet-
55 ically modified material; and
S. 3908 3
1 (iii) the food contains an ingredient that is a food to which subpara-
2 graph (i) or (ii) of this paragraph applies.
3 § 3. Section 201 of the agriculture and markets law is amended by
4 adding a new subdivision 15 to read as follows:
5 15. If it contains a genetically modified material, or was produced
6 with a genetically modified material, unless it bears a label or label-
7 ing upon which shall be clearly imprinted the words "THIS PRODUCT
8 CONTAINS A GENETICALLY MODIFIED MATERIAL," or "THIS PRODUCT WAS PRODUCED
9 WITH A GENETICALLY MODIFIED MATERIAL".
10 (a) No person shall be in violation of this section if:
11 (i) such person is an agricultural producer and the violation occurs
12 because food that is grown, raised, or otherwise produced by such
13 producer, which food does not contain a genetically modified material
14 and was not produced with a genetically modified material, is contam-
15 inated with a food that contains a genetically modified material or was
16 produced with a genetically modified material, including contamination
17 resulting from the mingling of foods; and
18 (ii) such contamination is not intended by the agricultural producer.
19 (b) Paragraph (a) of this subdivision shall not apply to an agricul-
20 tural producer to the extent that such contamination occurs as a result
21 of the negligence of such producer.
22 § 4. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law.
