Bill Text: NY A03175 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to implementation of the Healthful Food Information Act
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2009-01-23 - referred to environmental conservation [A03175 Detail]
Download: New_York-2009-A03175-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3175
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. BRADLEY, CARROZZA, McENENY -- Multi-Sponsored by
-- M. of A. DINOWITZ, GLICK, MAYERSOHN, ORTIZ -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
implementation of the Healthful Food Information Act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "Healthful
2 Food Information Act".
3 S 2. The environmental conservation law is amended by adding a new
4 article 31 to read as follows:
5 ARTICLE 31
6 GENETICALLY MODIFIED ORGANISM SEEDS
7 TITLE 1. REGISTRATION
8 3. NOTIFICATION
9 TITLE 1
10 REGISTRATION
11 SECTION 31-0101. SCOPE OF REGISTRATION.
12 31-0103. APPLICATION FOR REGISTRATION.
13 31-0105. FEE FOR REGISTRATION.
14 31-0107. DURATION OF REGISTRATION.
15 31-0109. DISCLOSURE OF GMO SEED INFORMATION.
16 31-0111. PENALTIES FOR FAILING TO REGISTER.
17 S 31-0101. SCOPE OF REGISTRATION.
18 EVERY PERSON OR ENTITY WHO SELLS OR OFFERS FOR SALE WITHIN THE STATE
19 ANY SEED OF GENETICALLY MODIFIED ORGANISMS, LIVING SPECIMEN OR PORTION
20 OF LIVING SPECIMEN OF A GENETICALLY MODIFIED ORGANISM (GMO SEED) MUST
21 REGISTER THAT GMO SEED WITH THE DEPARTMENT. THE REGISTRATION SHALL
22 COMPLY WITH ALL THE PROVISIONS OF THIS ARTICLE. IF A PERSON OR ENTITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03293-01-9
A. 3175 2
1 SELLS OR OFFERS FOR SALE MORE THAN ONE TYPE OF GMO SEED, EACH DIFFERENT
2 TYPE OR SPECIES OF GMO SEED SHALL BE SUBJECT TO REGISTRATION UNDER THIS
3 TITLE.
4 S 31-0103. APPLICATION FOR REGISTRATION.
5 1. AN APPLICANT FOR REGISTRATION SHALL FILE WITH THE DEPARTMENT A
6 STATEMENT INCLUDING:
7 A. THE NAME AND ADDRESS OF THE PERSON OR ENTITY SEEKING TO REGISTER
8 GMO SEED;
9 B. THE COMMERCIAL AND SCIENTIFIC NAME OF THE SEED;
10 C. A COMPLETE ACCOUNTING OF THE GENETIC MODIFICATIONS MADE TO SUCH GMO
11 SEED AND THE SOURCE SPECIES OF ANY GENETIC ELEMENTS INTRODUCED INTO SUCH
12 GMO SEED;
13 D. A FULL DESCRIPTION AND DISCLOSURE OF ALL TESTS AND STUDIES THAT
14 HAVE BEEN PERFORMED ON THE GMO SEED AND THE RESULTS OF SUCH TESTS AND
15 STUDIES INCLUDING THE EFFECTS OF SUCH GMO SEED ON HUMAN HEALTH AGRICUL-
16 TURAL PRODUCTION, AND THE NATURAL ENVIRONMENT; AND
17 E. ANY MATERIAL INFORMATION RELATING TO THE EFFECTS OF SUCH GMO SEED
18 ON HUMAN HEALTH, AGRICULTURAL PRODUCTION, AND THE NATURAL ENVIRONMENT.
19 2. A SEPARATE APPLICATION STATEMENT SHALL BE FILED FOR EACH DIFFERENT
20 TYPE OF GMO SEED SOLD OR OFFERED FOR SALE BY THE APPLICANT.
21 S 31-0105. FEE FOR REGISTRATION.
22 AN APPLICANT FOR REGISTRATION SHALL PAY A FEE OF TWO HUNDRED FIFTY
23 DOLLARS FOR EACH APPLICATION STATEMENT SUBMITTED PURSUANT TO SECTION
24 31-0103 OF THIS TITLE.
25 S 31-0107. DURATION OF REGISTRATION.
26 A REGISTRATION PURSUANT TO THIS ARTICLE SHALL EXPIRE TWO YEARS AFTER
27 THE DATE THE REGISTRATION WAS GRANTED. EACH REGISTRANT SHALL FILE WITH
28 THE DEPARTMENT SUCH AMENDMENTS TO EACH REGISTRATION STATEMENT FILED BY
29 EACH REGISTRANT AS IS REQUIRED TO MAINTAIN THE TRUTH, ACCURACY AND
30 COMPLETENESS OF EACH SUCH REGISTRATION STATEMENT.
31 S 31-0109. DISCLOSURE OF GMO SEED INFORMATION.
32 1. THE PERSON OR ENTITY WHO SELLS OR OFFERS FOR SALE ANY GMO SEED
33 MUST, IN ACCORDANCE WITH PARAGRAPHS D AND E OF SUBDIVISION ONE OF
34 SECTION 31-0103 OF THIS TITLE, DISCLOSE ALL TESTS AND STUDIES PERFORMED
35 ON THE GMO SEED, THE RESULTS OF SUCH TESTS AND STUDIES AND ALL MATERIAL
36 INFORMATION RELATING TO THE EFFECT OF SUCH GMO SEED ON HUMAN HEALTH,
37 AGRICULTURAL PRODUCTION, AND THE NATURAL ENVIRONMENT.
38 2. THE DEPARTMENT SHALL, IN A MANNER PRESCRIBED BY THE COMMISSIONER,
39 MAKE ALL SUCH INFORMATION AVAILABLE TO THE GENERAL PUBLIC. SUCH AVAIL-
40 ABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE POSTING OF SUCH INFOR-
41 MATION ON THE DEPARTMENT'S WEBSITE, IF SUCH A WEBSITE EXISTS.
42 3. THE COMMISSIONER SHALL MAKE REASONABLE EFFORTS TO INFORM THE GENER-
43 AL PUBLIC OF THE AVAILABILITY OF THE INFORMATION AND THE PROCEDURE ON
44 HOW A PERSON MAY OBTAIN A COPY OF SUCH INFORMATION.
45 S 31-0111. PENALTIES FOR FAILING TO REGISTER.
46 ANY PERSON OR ENTITY WHO FAILS TO FILE AN APPLICATION FOR REGISTRATION
47 PRIOR TO SELLING OR OFFERING TO SELL A GMO SEED WITHIN THIS STATE IN
48 VIOLATION OF THE PROVISIONS OF THIS ARTICLE SHALL PAY A FINE IN AN
49 AMOUNT EQUAL TO TWO HUNDRED FIFTY DOLLARS PLUS FIFTY DOLLARS PER DAY.
50 THE AMOUNT OF DAYS OF THE VIOLATION SHALL BE CALCULATED FROM AND INCLUD-
51 ING THE DAY ON WHICH THE VIOLATION OCCURRED UNTIL AND INCLUDING THE DAY
52 BEFORE WHICH AN APPLICATION STATEMENT IS FILED PURSUANT TO SECTION
53 31-0103 OF THIS TITLE. A SEPARATE FINE SHALL BE IMPOSED FOR EACH DIFFER-
54 ENT TYPE OR SPECIES OF GMO SEED NOT REGISTERED UNDER THIS ARTICLE.
A. 3175 3
1 TITLE 3
2 NOTIFICATION
3 SECTION 31-0301. NOTICE TO THE GENERAL PUBLIC.
4 31-0303. NOTICE TO ADJACENT LAND OWNERS.
5 31-0305. FAILURE TO COMPLY WITH NOTICE.
6 S 31-0301. NOTICE TO THE GENERAL PUBLIC.
7 1. THE COMMISSIONER SHALL, IN ACCORDANCE WITH SECTION 31-0109 OF THIS
8 ARTICLE, MAKE ANY INFORMATION THAT HAS BEEN DISCLOSED PURSUANT TO THIS
9 ARTICLE AVAILABLE TO THE GENERAL PUBLIC.
10 2. THE COMMISSIONER SHALL ESTABLISH ANY PROCEDURES, INCLUDING THE
11 PRODUCTION OF ANY REQUIRED FORMS OR DOCUMENTATION, NECESSARY FOR THE
12 UNFETTERED DISSEMINATION OF THE INFORMATION.
13 3. THE COMMISSIONER SHALL MAKE REASONABLE EFFORTS TO ENSURE THAT THE
14 GENERAL PUBLIC IS INFORMED OF THE AVAILABILITY OF THIS INFORMATION AND
15 THE PROCESS BY WHICH A CITIZEN CAN OBTAIN A COPY OF THE INFORMATION.
16 S 31-0303. NOTICE TO ADJACENT LAND OWNERS.
17 1. ANY PERSON OR ENTITY WHO USES, GROWS, OR PRODUCES GMO SEED ON THEIR
18 PROPERTY SHALL INFORM ANY LAND OWNER LOCATED WITHIN TWO MILES OF ANY
19 PORTION OF THE PERSON'S OR ENTITY'S BOUNDARY LINE, OR SUCH DISTANCE AS
20 THE POLLEN OF SUCH GMO SEED SPECIES IS DETERMINED BY THE COMMISSIONER TO
21 TRAVEL, WHICHEVER IS GREATER.
22 2. SUCH NOTICE SHALL BE WRITTEN AND SHALL BE PERSONALLY DELIVERED TO
23 SUCH ADJACENT LAND OWNER. IF, AFTER DUE DILIGENCE, AN ADJACENT LAND
24 OWNER CANNOT BE LOCATED, THE NOTICE PROVISIONS OF THIS SECTION MAY BE
25 SATISFIED BY LEAVING A COPY OF THE NOTICE AT THE PROPERTY OF THE ADJA-
26 CENT LAND OWNER AND MAILING A COPY OF SUCH NOTICE TO THE LAST KNOWN
27 MAILING ADDRESS OF THE OWNER OF RECORD OF THE ADJACENT PROPERTY.
28 3. SUCH NOTICE SHALL BE MADE PRIOR TO THE USE OF ANY GMO SEED.
29 S 31-0305. FAILURE TO COMPLY WITH NOTICE.
30 ANY PERSON WHO FAILS TO MEET THE NOTICE REQUIREMENTS UNDER SECTION
31 31-0303 OF THIS TITLE SHALL BE RESPONSIBLE FOR TREBLE DAMAGES FOR ANY
32 DAMAGE CAUSED AS A RESULT OF THE USE OF THEIR GMO SEED.
33 S 3. This act shall take effect on the one hundred eightieth day after
34 it shall have become a law. Effective immediately, the commissioner of
35 environmental conservation is authorized to add, amend, and/or repeal
36 any rule or regulation necessary for the timely implementation of this
37 act on such effective date.
