Requires all seeds that are or include genetically engineered organisms to be labeled "These are genetically engineered seeds", and include labeling on the identity of the relevant traits and characteristics introduced into such seed, any requirements for the safe handling, storage, transport and use of the seed, the name, address and telephone number of the manufacturer of the seed and the person who labeled, sells, offers for sale or exposes such seed for sale.
STATE OF NEW YORK
________________________________________________________________________
3716
2011-2012 Regular Sessions
IN ASSEMBLY
January 26, 2011
___________
Introduced by M. of A. P. RIVERA, PEOPLES-STOKES, ORTIZ, McENENY, COLTON
-- Multi-Sponsored by -- M. of A. CLARK, CROUCH, GUNTHER, HOYT,
JACOBS, LIFTON, LUPARDO, MILLMAN -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
labeling requirements for seeds which are or include genetically engi-
neered organisms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 136 of the agriculture and markets law is amended
2 by adding two new subdivisions 22 and 23 to read as follows:
3 22. The term "modern biotechnology" means:
4 (a) In vitro nucleic acid techniques, including recombinant deoxyribo-
5 nucleic acid (DNA) and direct injection of nucleic acid into cells or
6 organelles that overcome natural physiological reproductive or recombi-
7 nant barriers and that are not techniques used in traditional breeding
8 and selection. Such techniques shall also include, but not be limited
9 to, recombinant deoxyribonucleic acid techniques that use vector systems
10 and techniques involving the direct introduction into the organism of
11 hereditary materials prepared outside the organism such as micro-injec-
12 tion, macro-injection, chemoporation, micro-encapsulation and liposome
13 fusion.
14 (b) Fusion of cells beyond the taxonomic family, including protoplast
15 fusion or hybridization techniques, that overcome natural physiological
16 reproductive or recombinant barriers where the donor cells or proto-
17 plasts do not fall within the same taxonomic family and that are not
18 techniques used in traditional breeding and selection.
19 23. The term "genetically engineered organism" means an organism in
20 which the genetic material has been changed through modern biotechnology
21 in a way that does not occur naturally by multiplication and/or natural
22 recombination.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00433-01-1
A. 3716 2
1 § 2. Section 137 of the agriculture and markets law is amended by
2 adding a new subdivision I to read as follows:
3 I. For all seeds which are or include genetically engineered organ-
4 isms. The following in not less than ten point type:
5 1. The words "These are genetically engineered seeds".
6 2. The identity of the relevant traits or characteristics introduced
7 into such seed using modern biotechnology.
8 3. Any requirements for the safe handling, storage, transport and use
9 of the seed.
10 4. The name, address and telephone number of the manufacturer of the
11 seed.
12 5. The name and address of the person who labeled said seed or who
13 sells, offers for sale or exposes said seed for sale within this state.
14 § 3. The opening paragraph of section 139 of the agriculture and
15 markets law, as added by chapter 631 of the laws of 1955, is amended to
16 read as follows:
17 The provisions of this article [do], with the exception of subdivision
18 I of section one hundred thirty-seven of this article, shall not apply
19 to the following:
20 § 4. The three undesignated paragraphs of section 142 of the agricul-
21 ture and markets law are designated subdivisions 1, 2 and 3, and a new
22 subdivision 4 is added to read as follows:
23 4. The commissioner shall promulgate such rules and regulations as
24 shall be necessary to implement the provisions of subdivision I of
25 section one hundred thirty-seven of this article in relation to the
26 labeling of seeds which are or include genetically engineered organisms,
27 taking into consideration: the origins of the seed, the presence of weed
28 seeds, mixtures, hermetically sealed containers, coated seeds, crop
29 seeds, genetically engineered material, genetically engineered plant
30 parts, hybrids, germination medium and pre-planted containers.
31 § 5. This act shall take effect on the sixtieth day after it shall
32 have become a law.
