NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1517
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to labeling
and sale of cloned animals and food products from cloned animals or the
progeny of such animals
PURPOSE:
This bill requires clear and prominent labeling on food derived from
animal clones and cloned progeny that is sold, transferred, manufac-
tured, or imported in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 210-b.
Section two amends the agriculture and markets law is amended by adding
a new section 358-b. Section three sets forth the effective date.
JUSTIFICATION:
This bill would ensure that consumers are able to make informed deci-
sions about the food they consume. Animal cloning is a relatively new
technology, and there is still scientific uncertainty about whether the
ingestion of meat or milk from these clones has short or long-term
effects on human health. Although the federal Food and Drug Adminis-
tration (FDA) concluded on January 15, 2008 that clones that survive
until adulthood are safe to eat, they have done relatively few safety
studies and are admittedly unsure of the long-term effects that eating
cloned products might have. Additionally, the United States Department
of Agriculture on the same day announced its recommendation to U,S.
farmers to keep cloned meat off the market indefinitely. The majority of
clone attempts end in the clone's death. The cloned animals that do
survive, however, are born with many more defects than naturally sexual-
ly reproduced animals. The surviving clones have severely compromised
immune systems that necessitate large doses of antibiotics to extend
their lifespan. The high doses of hormones and antibiotics used in clon-
ing present risks for food safety. Ian Wilmut, the lead scientist
responsible for creating Dolly (the first successfully cloned mammal) ,
has warned that even slight imbalances in a clone's hormone, protein, or
fat levels can compromise the safety of its milk or meat. While ques-
tions regarding the safety of cloned food products are being resolved,
labeling such products gives consumers the ability to make choices about
their food consumption. In 2004, the National Academy of Sciences
advised the FDA on the necessity of differentiating between cloned and
non-cloned animals for the purposes of tracking and monitoring harmful
effects of cloned foods on the market. Moreover, the majority of people
in America support the notion of labeling cloned products in a national
poll conducted by Consumers' Union in 2007,89 percent of consumers want-
ed cloned food to be labeled. Consumers deserve the information to make
conscious choices in the marketplace, and labeling cloned food products
will ensure confidence in consumer purchasing.
LEGISLATIVE HISTORY:
2019-20: A.1110 - Referred to Consumer Affairs and Protection
2017-18: A.2209 - Referred to Consumer Affairs and Protection
2015-16: A.536 - Referred to Consumer Affairs and Protection
2013-14: A.425 -Referred to Consumer Affairs and Protection
2011-12: A.1838 - Referred to Consumer Affairs and Protection
2009-10: A.5768 - Referred to Consumer Affairs and Protection
2007-08: A.10100 - Referred to Consumer Affairs and Protection
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the one hundred twentieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1517
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. L. ROSENTHAL, GLICK, GUNTHER -- Multi-Sponsored
by -- M. of A. LUPARDO, PERRY -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the agriculture and markets law, in relation to labeling
and sale of cloned animals and food products from cloned animals or
the progeny of such animals
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 210-b to read as follows:
3 § 210-b. Labeling of food products derived from cloned animals. 1.
4 Any person who manufactures or processes food products, including fresh
5 or frozen meat, meat preparations, meat by-products, poultry, eggs or
6 other dairy food or dairy food products for human consumption shall
7 indicate on the label of such food products when packaged, or by a sign
8 when not packaged, as the case may be, that such food contains the prod-
9 uct of a cloned animal or its progeny.
10 2. An importer of food products from out-of-state manufacturers or
11 processors of food for human consumption that contains any product from
12 a cloned animal or its progeny shall label the food to indicate that the
13 food includes the product of a cloned animal or its progeny if the
14 importer has reasonable knowledge that the food contains such product.
15 3. Any person who purchases or otherwise obtains any food product for
16 human consumption which is labeled so as to disclose that the food
17 contains a product from a cloned animal or its progeny, and who resells
18 such food product to another person shall ensure that the food is
19 labeled to disclose that the food contains a product from a cloned
20 animal or its progeny.
21 4. The information on the label required pursuant to this section
22 shall be displayed in a conspicuous and easily legible boldface print or
23 type that is in clear contrast to other matter on the package. The label
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00783-01-1
A. 1517 2
1 shall comply with the type size specifications in Section 101.105 of
2 Title 21 of the Code of Federal Regulations.
3 5. For purposes of this section, the following definitions shall
4 apply:
5 (1) "Cloned animal" means an animal that arises directly from a somat-
6 ic cell nuclear transfer event.
7 (2) "Livestock producer" means a person who engages in the business of
8 animal production, which includes, but is not limited to, the birth,
9 raising, feeding, weaning, and identification of a live animal, and who
10 generally does not engage in the business of preparing any animal food
11 that is derived in whole or in part from an animal carcass or its
12 products.
13 (3) "Progeny of a cloned animal" means an animal derived from the
14 sexual reproduction of a cloned animal with another cloned animal or an
15 animal that is not cloned.
16 (4) "Reasonable knowledge" means the importer knows about or has
17 possession of any document or advertisement in any medium that indicates
18 that the product was derived from a cloned animal or its progeny.
19 § 2. The agriculture and markets law is amended by adding a new
20 section 358-b to read as follows:
21 § 358-b. Disclosure of cloned animals upon sale. 1. Every livestock
22 producer who sells or transfers any cloned animal or its progeny shall
23 disclose to the buyer or transferee that the animal is cloned or is the
24 progeny of a cloned animal.
25 2. For purposes of this section, the following definitions shall
26 apply:
27 (a) "Cloned animal" means an animal that arises directly from a somat-
28 ic cell nuclear transfer event.
29 (b) "Livestock producer" means a person who engages in the business of
30 animal production, which includes, but is not limited to, the birth,
31 raising, feeding, weaning, and identification of a live animal, and who
32 generally does not engage in the business of preparing any animal food
33 that is derived in whole or in part from an animal carcass or its
34 products.
35 (c) "Progeny of a cloned animal" means an animal derived from the
36 sexual reproduction of a cloned animal with another cloned animal or an
37 animal that is not cloned.
38 § 3. This act shall take effect on the one hundred twentieth day after
39 it shall have become a law. Effective immediately, the addition, amend-
40 ment and/or repeal of any rule or regulation necessary for the implemen-
41 tation of this act on its effective date are authorized to be made and
42 completed on or before such effective date.
