Enacts the "genetically engineered pharmaceutical and industrial crop act"; prohibits the growth, sale, raising, transportation and cultivation of genetically engineered pharmaceutical or industrial crops; imposes a civil penalty of between $250,000 and $1,000,000 for any violation thereof; authorizes the attorney general to seek equitable relief against such violations; authorizes the attorney general or any aggrieved party to commence a civil action to recover compensatory and punitive damages.
STATE OF NEW YORK
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4825
2011-2012 Regular Sessions
IN ASSEMBLY
February 8, 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 enacting
the "genetically engineered pharmaceutical and industrial crop 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 "genetically engineered pharmaceutical and industrial crop act".
3 § 2. The agriculture and markets law is amended by adding a new arti-
4 cle 10-B to read as follows:
5 ARTICLE 10-B
6 GENETICALLY ENGINEERED PHARMACEUTICAL
7 AND INDUSTRIAL CROPS
8 Section 147-k. Definitions.
9 147-l. Prohibition.
10 147-m. Penalties.
11 147-n. Enforcement.
12 § 147-k. Definitions. For the purposes of this article:
13 1. "Genetically engineered" shall mean that genetic material has been
14 changed through modern biotechnology in a way that does not occur
15 naturally by multiplication or natural recombination.
16 2. "Industrial crop" shall mean genetically engineered plants that are
17 designed to produce industrial products, substances for use in indus-
18 trial products, industrial or research chemicals, or industrial or
19 research enzymes.
20 3. "Modern biotechnology" shall mean:
21 a. recombinant deoxyribonucleic acid, the direct injection of nucleic
22 acid into cells or organelles, and other in vitro nucleic acid tech-
23 niques;
24 b. fusion of cells beyond the taxonomic family, if the fusion:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00429-01-1
A. 4825 2
1 (1) overcomes natural physiological, reproductive or recombination
2 barriers, and
3 (2) is not used in traditional breeding and selection; and
4 c. any other process within the definition of such term adopted by the
5 Codex Alimentarius Commission of the United Nations Food and Agriculture
6 Organization and in effect on the effective date of this article.
7 4. "Pharmaceutical crop" shall mean genetically engineered plants that
8 are designed to produce human or veterinary drugs or biologics.
9 § 147-l. Prohibition. No person or entity shall grow, raise, sell,
10 transport or cultivate any pharmaceutical crop or industrial crop:
11 1. in an outdoor environment;
12 2. using a plant species that is commonly grown for use as food for
13 humans or animals; or
14 3. in an indoor environment or laboratory that does not conform to the
15 highest federal anti-contamination standards for laboratories and facil-
16 ities that handle bio-hazards.
17 § 147-m. Penalties. Any person or entity that violates the provisions
18 of this article shall be subject to a civil penalty of not less than two
19 hundred fifty thousand dollars and not more than one million dollars.
20 § 147-n. Enforcement. 1. The attorney general shall, at the request of
21 the commissioner, or may, on his or her own initiative, seek equitable
22 relief to restrain any violation or threatened violation of this arti-
23 cle.
24 2. The attorney general shall, at the request of the commissioner, or
25 may, on his or her own initiative, and any other aggrieved party may
26 commence a civil action to recover damages, including punitive damages,
27 for any clean up costs and restitution costs related to contaminated
28 food products and any damage or potential damage to the environment
29 caused by a violation of this article.
30 § 3. This act shall take effect on the sixtieth day after it shall
31 have become a law.
