Establishes a genetically modified organism registry within the department of agriculture and markets; provides that such registry shall include information on the location, type and use of genetically modified organisms possessed and used by institutions of higher education, and included in seeds sold and distributed in this state.
STATE OF NEW YORK
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4290
2011-2012 Regular Sessions
IN ASSEMBLY
February 2, 2011
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Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing a genetically modified organism registry
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 16-b to read as follows:
3 § 16-b. Genetically modified organism registry. 1. As used in this
4 section, the following terms shall mean:
5 a. "Genetically modified organism" shall mean:
6 (i) an organism that has been altered at the molecular or cellular
7 level by means that are not possible under natural conditions or proc-
8 esses, including recombinant DNA and RNA techniques, cell fusion,
9 microencapsulation, macroencapsulation, gene deletion and doubling,
10 introduction of a foreign gene, and a process that changes the positions
11 of genes, other than a means consisting exclusively of breeding, conju-
12 gation, fermentation, hybridization, in vitro fertilization, or tissue
13 culture; and
14 (ii) an organism made through sexual or asexual reproduction, or both,
15 involving an organism described in subparagraph (i) of this paragraph,
16 if possessing any of the altered molecular or cellular characteristics
17 of the organism so described.
18 b. "Higher education" shall have the same meaning as is ascribed to
19 such term by subdivision eight of section two of the education law.
20 2. The department shall establish and maintain a registry of genet-
21 ically modified organisms used in the production of seeds, and by insti-
22 tutions of higher education for the purposes of research and in any of
23 their agriculture related programs. The information included in such
24 registry shall be made available to the public, upon request, in written
25 form and in electronic form on the department's internet website. All
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00419-01-1
A. 4290 2
1 information in the genetically modified organism registry available to
2 the public shall be updated by the department not less frequently than
3 once every six months.
4 3. The department, as part of maintaining the registry required by
5 this section, shall establish maps of each county in which registered
6 genetically modified organisms are used, stating the exact location
7 within the county of each such organism, the type of such organism at
8 each location and the use of such organism at each location.
9 4. Subject to the rules and regulations of the department, each sell-
10 er, distributor or provider of seeds which uses or possesses genetically
11 modified organisms, and each institution of higher education which uses
12 or possesses genetically modified organisms for the purpose of research
13 or in any of its agriculture related programs, shall register all such
14 organisms with the department in a timely manner. Each person or entity
15 required to register its genetically modified organisms pursuant to this
16 subdivision shall include information on how it uses such organisms,
17 including but not limited to the exact agricultural product or crop upon
18 which a genetically modified organism has an effect.
19 5. The department shall annually issue a report on the information
20 compiled in the genetically modified organism registry, which shall be
21 made available to the public, and submitted to the governor and the
22 legislature on or before March first. Such report shall include informa-
23 tion on the uses and locations of genetically modified organisms in this
24 state, and the effects such uses are having upon the state and its resi-
25 dents.
26 § 2. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law, provided that the department of agriculture
28 and markets is authorized and directed to take all actions necessary to
29 implement the provisions of this act on its effective date on or before
30 such date.