Bill Text: NY A04290 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A04290 Detail]

Download: New_York-2011-A04290-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4290
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       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    S  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    S 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.