A05412 Summary:

COSPNSRColton, Steck
MLTSPNSRArroyo, 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 Actions:

02/26/2013referred to consumer affairs and protection
01/08/2014referred to consumer affairs and protection
01/29/2014amend and recommit to consumer affairs and protection
01/29/2014print number 5412a
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A05412 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    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    § 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    § 3. The general business law is amended by adding a new article  16-A
    10  to read as follows:
    11                                 ARTICLE 16-A
    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    §  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.

        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    §  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    §  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 sixty-
     9  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    §  266-d.  Exemptions.  The requirements of section two hundred sixty-
    15  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    § 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    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law.
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