Bill Text: NY A03525 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the labeling of raw agriculture commodities, processed foods, seed, and seed stock produced with genetic engineering; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.
Spectrum: Strong Partisan Bill (Democrat 64-6)
Status: (Introduced - Dead) 2014-06-03 - reported referred to ways and means [A03525 Detail]
Download: New_York-2013-A03525-Amended.html
Bill Title: Provides for the labeling of raw agriculture commodities, processed foods, seed, and seed stock produced with genetic engineering; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.
Spectrum: Strong Partisan Bill (Democrat 64-6)
Status: (Introduced - Dead) 2014-06-03 - reported referred to ways and means [A03525 Detail]
Download: New_York-2013-A03525-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3525--B
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. ROSENTHAL, PEOPLES-STOKES, JAFFEE, DINOWITZ,
THIELE, KEARNS, SEPULVEDA, ROBERTS, MOYA, LAVINE, COLTON, COOK, MILL-
MAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMOTAS, SCHIMEL, STECK,
BENEDETTO, PERRY, QUART, CLARK, CAMARA, MILLER, P. LOPEZ, SKARTADOS,
ABINANTI, WEPRIN, OTIS, GOLDFEDER -- Multi-Sponsored by -- M. of A.
BOYLAND, BRENNAN, BRINDISI, CURRAN, CYMBROWITZ, FAHY, FARRELL, GLICK,
GRAF, HEVESI, JOHNS, LENTOL, LIFTON, MARKEY, MONTESANO, PAULIN, RA,
RAIA, RIVERA, RODRIGUEZ, SWEENEY, WEISENBERG -- read once and referred
to the Committee on Consumer Affairs and Protection -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Consumer Affairs
and Protection in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law and the agriculture and markets
law, in relation to the labeling of genetically engineered foods
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds that
2 New York state consumers have the right to know whether the foods they
3 purchase have been entirely genetically engineered or partially produced
4 with genetic engineering so they can make informed purchasing decisions.
5 Labeling is necessary to ensure that New York consumers are fully and
6 reliably informed about the products they purchase and consume. Further
7 the legislature finds that:
8 (a) Currently, there is no federal law that requires food producers to
9 identify whether foods were produced with genetic engineering. At the
10 same time, the United States Food and Drug Administration (FDA) does not
11 require safety studies of such foods. Unless these foods contain a known
12 allergen, the FDA does not require the developers of genetically engi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02306-14-4
A. 3525--B 2
1 neered foods to consult with the agency. Consultations with the FDA are
2 entirely voluntary;
3 (b) Mandatory identification of foods produced with genetic engineer-
4 ing can provide a critical method for tracking any potential short-term
5 and long-term health effects of consuming foods produced with genetic
6 engineering;
7 (c) Polls consistently show that the vast majority of the public wants
8 to know if their food has been produced with genetic engineering;
9 (d) More than sixty countries, including Japan, South Korea, China,
10 Australia, New Zealand, Thailand, Russia, the European Union member
11 states, and other key United States trading partners, have laws mandat-
12 ing disclosure of genetically engineered foods;
13 (e) A variety of genetically engineered crops are commercially culti-
14 vated and sold in the United States, including corn, canola, soybean,
15 cotton, sugar beets, alfalfa, and papaya. It has been estimated that
16 60-70% of packaged grocery products contain some materials produced with
17 genetic engineering, typically derived from genetically engineered soy,
18 sugar beets, and/or corn. Consumers should be provided with the informa-
19 tion necessary to make informed decisions when choosing food to buy for
20 themselves and their families;
21 (f) Without disclosure, consumers with certain dietary restrictions
22 may unknowingly consume such food in violation of such dietary
23 restrictions;
24 (g) Preserving the identity, quality, and reliability of agricultural
25 products is of prime importance to our state's fiscal health;
26 (h) The cultivation of genetically engineered crops can cause serious
27 environmental impacts. For example, most genetically engineered crops
28 are designed to withstand weed-killing herbicides. Because genetically
29 engineered crops are more resistant to herbicides, their cultivation has
30 resulted in the application of millions of additional pounds of herbi-
31 cides to the nation's farmland. The massive increase in the use of
32 herbicides has led to the emergence of herbicide-resistant weeds, which
33 have infested farm fields and roadsides, complicating weed control for
34 farmers and encouraging the use of increasingly toxic and more dangerous
35 herbicides. Toxic herbicides damage the vitality of the soil, contam-
36 inate drinking water supplies, and pose health risks to consumers and
37 farm workers. New York consumers should have the ability to avoid
38 purchasing foods produced in ways that can lead to such environmental
39 harm;
40 (i) Conventional, non-organic farmers have a right to choose what
41 crops they grow and many conventional farmers want to grow traditional
42 crops developed without genetic engineering. Identifying seeds and seed
43 stock produced with genetic engineering would protect the farmers' right
44 to know what they are purchasing and protect their right to choose what
45 they grow;
46 (j) Identifying foods produced with genetic engineering will help
47 protect our state's export market because many of our trading partners
48 have bans on the import and cultivation of genetically engineered seed
49 and food as well as laws mandating the labeling of genetically engi-
50 neered seed and foods;
51 (k) It is the intent of this act to ensure that New York consumers and
52 farmers are fully and reliably informed about whether the food and seed
53 they purchase and eat were produced with genetic engineering so they may
54 choose for themselves whether to purchase and eat or use such food,
55 seed, and seed stock;
A. 3525--B 3
1 (l) It is the intent of this act to enable improved tracking of genet-
2 ically engineered food consumption and of any potential health impacts;
3 and
4 (m) It is the intent of this act only to regulate food for human
5 consumption offered for retail sale within New York state.
6 S 2. The general business law is amended by adding a new section 391-t
7 to read as follows:
8 S 391-T. GENETICALLY ENGINEERED FOODS; REQUIRED LABELING. 1. DEFI-
9 NITIONS. AS USED IN THIS SECTION, THE TERM:
10 (A) "DEPARTMENT" MEANS THE STATE DEPARTMENT OF AGRICULTURE AND
11 MARKETS.
12 (B) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD OF
13 DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM ONE PLACE TO
14 ANOTHER.
15 (C) "ENZYME" MEANS A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF
16 OTHER SUBSTANCES WITHOUT ITSELF BEING DESTROYED OR ALTERED UPON
17 COMPLETION OF THE REACTIONS.
18 (D) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV-
19 ATIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION,
20 MEANS PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS
21 ALTERED MATERIALLY THROUGH THE APPLICATION OF:
22 (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
23 RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) TECHNIQUES AND THE DIRECT
24 INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR
25 (II) THE FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOMES
26 NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT BARRIERS AND THAT
27 ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
28 FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
29 ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
30 TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE DIRECT
31 INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
32 THE ORGANISMS SUCH AS BIOLISTICS, MICROINJECTION, MACRO-INJECTION,
33 CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
34 (E) "MANUFACTURER" MEANS A PERSON OR BUSINESS ENGAGED IN THE
35 PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
36 (F) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
37 ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
38 INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
39 FOR WHICH DISTINCTIVE NUTRITIONAL REQUIREMENTS, BASED ON RECOGNIZED
40 SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
41 (G) "PROCESSED FOOD" MEANS ANY FOOD OTHER THAN A RAW AGRICULTURAL
42 COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
43 THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
44 COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
45 (H) "PROCESSING AID" MEANS:
46 (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE
47 FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
48 IN ITS FINISHED FORM;
49 (II) A SUBSTANCE THAT IS ADDED TO A FOOD DURING PROCESSING, IS
50 CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
51 SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
52 THE FOOD; OR
53 (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
54 TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
55 INSIGNIFICANT LEVELS AND DOES NOT HAVE ANY TECHNICAL OR FUNCTIONAL
56 EFFECT IN THAT FINISHED FOOD.
A. 3525--B 4
1 (I) "RAW AGRICULTURAL COMMODITY" MEANS ANY PLANT, ANIMAL, OR FUNGI
2 GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
3 (J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
4 INDIVIDUALS OR BUSINESSES TO THE END-USER.
5 2. LABELING OF GENETICALLY ENGINEERED FOODS. (A) ANY FOOD FOR HUMAN
6 CONSUMPTION OFFERED FOR RETAIL SALE IN NEW YORK IS MISBRANDED IF IT IS
7 ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGI-
8 NEERING AND THAT FACT IS NOT DISCLOSED AS FOLLOWS:
9 (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
10 PACKAGED OR LABELED, THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
11 ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR "GMO",
12 OR DERIVATIVE OF THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED
13 FOR PACKAGING, HOLDING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS
14 MANNER BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND
15 DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR
16 BIN IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER.
17 (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
18 ENGINEERING, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND
19 CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
20 WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
21 INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
22 (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
23 ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE SEED OR SEED
24 STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
25 CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
26 THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
27 THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE
28 PHRASES.
29 (B) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE LISTING
30 OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGINEERED,
31 NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER
32 DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE
33 OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR
34 PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
35 (C) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
36 BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED WITH GENETIC ENGI-
37 NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE-
38 RIALS IN THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE
39 PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD.
40 (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
41 (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
42 THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
43 THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
44 OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH GENETIC
45 ENGINEERING;
46 (II) A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED THAT HAS BEEN GROWN,
47 RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF
48 GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN THE EXCLUSION
49 UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING WITH THIS
50 SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED
51 MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY OR FOOD
52 OR SEED TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED ON AN
53 INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE RAW AGRICULTURAL
54 COMMODITY, FOOD, OR SEED: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY
55 GENETICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT
56 BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT MAY
A. 3525--B 5
1 HAVE BEEN GENETICALLY ENGINEERED. IN PROVIDING SUCH STATEMENT, THE
2 PERSON MAY RELY ON THE WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC
3 FORM, PROVIDED FROM HIS OR HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIR-
4 MATION;
5 (III) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
6 BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
7 PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
8 (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
9 HOLIC BEVERAGE CONTROL LAW;
10 (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
11 OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS
12 PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM TIME TO
13 TIME, AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED PURSUANT
14 THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE;
15 (VI) FOOD THAT IS NOT PACKAGED FOR SALE AND THAT EITHER: (I) IS A
16 PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION OR
17 (II) IS SERVED, SOLD OR OTHERWISE PROVIDED IN ANY RESTAURANT, FOOD
18 FACILITY, OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD PREPARED
19 AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
20 (VII) MEDICAL FOOD.
21 3. RIGHT OF ACTION FOR VIOLATIONS. ANY PERSON, FIRM, CORPORATION, OR
22 OTHER LEGAL ENTITY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE PENAL-
23 TIES FOR FALSE LABELS AND MISREPRESENTATIONS AS SET FORTH IN SECTION
24 THREE HUNDRED NINETY-TWO-B OF THIS ARTICLE.
25 4. NOTICE OF VIOLATION. IN ANY CASE WHERE THERE HAS BEEN A FINAL
26 DETERMINATION BY THE DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS
27 OF THIS SECTION, THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC,
28 WITHOUT CHARGE, THE FOLLOWING INFORMATION:
29 (A) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
30 (B) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY THE
31 DEPARTMENT;
32 (C) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING NAME
33 OF THE PRODUCT; AND
34 (D) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
35 5. THIRD-PARTY PROTECTION; RELIANCE ON WRITTEN STATEMENT. A DISTRIBU-
36 TOR OR RETAILER THAT SELLS OR ADVERTISES FOOD OR SEED STOCK THAT IS
37 GENETICALLY ENGINEERED THAT FAILS TO MAKE THE DISCLOSURE REQUIRED PURSU-
38 ANT TO SUBDIVISION TWO OF THIS SECTION, IS NOT SUBJECT TO LIABILITY IN
39 ANY CIVIL ACTION TO ENFORCE THIS CHAPTER IF THE DISTRIBUTOR OR RETAILER
40 RELIED ON THE WRITTEN STATEMENT UNDER SUBDIVISION TWO OF THIS SECTION
41 PROVIDED BY THE MANUFACTURER OR GROWER STATING THAT THE FOOD OR SEED
42 STOCK IS NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER THIS CHAPTER.
43 S 3. Section 198 of the agriculture and markets law is amended by
44 adding a new subdivision 12 to read as follows:
45 12. THE TERM: (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN
46 ANY METHOD OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM
47 ONE PLACE TO ANOTHER.
48 (B) "ENZYME" MEANS A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF
49 OTHER SUBSTANCES WITHOUT ITSELF BEING DESTROYED OR ALTERED UPON
50 COMPLETION OF THE REACTIONS.
51 (C) "GENETICALLY ENGINEERED" OR "GENETICALLY MODIFIED," OR ANY DERIVA-
52 TIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION, MEANS
53 PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS ALTERED
54 MATERIALLY THROUGH THE APPLICATION OF:
55 (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
56 RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) OR RIBONUCLEIC ACID (RNA) TECH-
A. 3525--B 6
1 NIQUES, DIRECT INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES,
2 ENCAPSULATION, GENE DELETION, AND DOUBLING, OR
3 (II) THE FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOME
4 NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT BARRIERS AND THAT
5 ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
6 FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
7 ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
8 TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE DIRECT
9 INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
10 THE ORGANISMS SUCH AS BIOLISTICS, MICROINJECTION, MACRO-INJECTION,
11 CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
12 (D) "MANUFACTURER" MEANS A PERSON OR BUSINESS ENGAGED IN THE
13 PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
14 (E) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
15 ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
16 INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
17 FOR WHICH DISTINCTIVE NUTRITIONAL REQUIREMENTS, BASED ON RECOGNIZED
18 SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
19 (F) "PROCESSED FOOD" MEANS ANY FOOD OTHER THAN A RAW AGRICULTURAL
20 COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
21 THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
22 COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
23 (G) "PROCESSING AID" MEANS:
24 (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF SUCH
25 FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
26 IN ITS FINISHED FORM;
27 (II) A SUBSTANCE THAT IS ADDED TO A FOOD DURING PROCESSING, IS
28 CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
29 SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS FOUND NATURALLY IN
30 THE FOOD; OR
31 (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
32 TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
33 INSIGNIFICANT LEVELS AND DOES NOT HAVE ANY TECHNICAL OR FUNCTIONAL
34 EFFECT IN THAT FINISHED FOOD.
35 (H) "RAW AGRICULTURAL COMMODITY" MEANS ANY PLANT, ANIMAL, OR FUNGI
36 GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
37 (I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
38 INDIVIDUALS OR BUSINESSES TO THE END-USER.
39 S 4. Section 201 of the agriculture and markets law is amended by
40 adding a new subdivision 15 to read as follows:
41 15. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN NEW
42 YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY
43 PRODUCED WITH GENETIC ENGINEERING AND THAT FACT IS NOT DISCLOSED AS
44 FOLLOWS:
45 (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
46 PACKAGED OR LABELED, THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
47 ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR
48 DERIVATIVE OF THOSE PHRASES SHALL BE PLACED ON THE CONTAINER USED FOR
49 PACKAGING, HOLDING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER
50 BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND DISPLAYED IN
51 A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR BIN IN WHICH
52 SUCH COMMODITY IS FOR SALE BY THE RETAILER.
53 (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
54 ENGINEERING, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND
55 CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
A. 3525--B 7
1 WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
2 INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
3 (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
4 ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE SEED OR SEED
5 STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
6 CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
7 THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
8 THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE
9 PHRASES.
10 (B) THIS SUBDIVISION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE
11 LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGI-
12 NEERED, NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY
13 OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR
14 DERIVATIVE OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON
15 NAME OR PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
16 (C) ANY PROCESSED FOOD OR RAW AGRICULTURAL COMMODITY THAT WOULD BE
17 SUBJECT TO THIS SECTION SOLELY BECAUSE IT INCLUDES ONE OR MORE MATERIALS
18 PRODUCED WITH GENETIC ENGINEERING IS NOT MISBRANDED PROVIDED THAT THE
19 GENETICALLY ENGINEERED MATERIALS IN THE AGGREGATE DO NOT ACCOUNT FOR
20 MORE THAN NINE-TENTHS OF ONE PERCENT OF THE TOTAL WEIGHT OF THE PROC-
21 ESSED FOOD OR RAW AGRICULTURAL COMMODITY.
22 (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
23 (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
24 THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
25 THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
26 OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH GENETIC
27 ENGINEERING;
28 (II) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
29 PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF GENET-
30 ICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN THE EXCLUSION
31 UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING WITH PARA-
32 GRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMOD-
33 ITY OR FOOD MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMOD-
34 ITY OR FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED
35 ON AN INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE RAW AGRICUL-
36 TURAL COMMODITY OR FOOD: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY
37 GENETICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT
38 BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE BEEN
39 GENETICALLY ENGINEERED. IN PROVIDING SUCH STATEMENT, A PERSON MAY RELY
40 ON A WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS OR
41 HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
42 (III) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SUBDIVISION
43 SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
44 PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
45 (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
46 HOLIC BEVERAGE CONTROL LAW;
47 (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
48 OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS
49 PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
50 PROGRAM REGULATIONS PROMULGATED PURSUANT THERETO BY THE UNITED STATES
51 DEPARTMENT OF AGRICULTURE;
52 (VI) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (1) IS
53 A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
54 OR (2) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
55 FOOD FACILITY THAT IS ENGAGED IN THE SALE OF FOOD PREPARED AND INTENDED
56 FOR IMMEDIATE CONSUMPTION;
A. 3525--B 8
1 (VII) MEDICAL FOOD.
2 (E) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY VIOLATING
3 THIS SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND
4 MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
5 THE GENERAL BUSINESS LAW.
6 S 5. Severability clause. If any provision of this act or its applica-
7 tion to any person, legal entity, or circumstance is held invalid, the
8 remainder of the act or the application of the provision to other
9 persons, legal entity or circumstances shall not be affected.
10 S 6. This act shall take effect twenty-four months after it shall have
11 become a law; provided, however, that effective immediately, the depart-
12 ment of agriculture and markets shall adopt any rules and regulations
13 necessary to implement this act, including, but not limited to, creating
14 and maintaining a list, which shall be made available to the public at
15 no cost, of raw agricultural commodities that are produced with genetic
16 engineering; provided, further, that the department of agriculture and
17 markets is not authorized to create any exemptions beyond those provided
18 for in paragraph (d) of subdivision two of section 391-t of the general
19 business law as added by section two of this act and paragraph (d) of
20 subdivision fifteen of section 201 of the agriculture and markets law as
21 added by section four of this act.
