Bill Text: NY A05283 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5283 (Prior Session Legislation)

Introduced

Bill Title: Requires all seeds that are or include genetically engineered organisms to be labeled "These are genetically engineered seeds", and include labeling on the identity of the relevant traits and characteristics introduced into such seed, any requirements for the safe handling, storage, transport and use of the seed, the name, address and telephone number of the manufacturer of the seed and the person who labeled, sells, offers for sale or exposes such seed for sale.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to agriculture [A05283 Detail]

Download: New_York-2013-A05283-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5283
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Agriculture
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         labeling requirements for seeds which are or include genetically engi-
         neered organisms
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 136 of the agriculture and markets law  is  amended
    2  by adding two new subdivisions 22 and 23 to read as follows:
    3    22. THE TERM "MODERN BIOTECHNOLOGY" MEANS:
    4    (A) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING RECOMBINANT DEOXYRIBO-
    5  NUCLEIC  ACID  (DNA)  AND DIRECT INJECTION OF NUCLEIC ACID INTO CELLS OR
    6  ORGANELLES THAT OVERCOME NATURAL PHYSIOLOGICAL REPRODUCTIVE OR  RECOMBI-
    7  NANT  BARRIERS  AND THAT ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING
    8  AND SELECTION. SUCH TECHNIQUES SHALL ALSO INCLUDE, BUT  NOT  BE  LIMITED
    9  TO, RECOMBINANT DEOXYRIBONUCLEIC ACID TECHNIQUES THAT USE VECTOR SYSTEMS
   10  AND  TECHNIQUES  INVOLVING  THE DIRECT INTRODUCTION INTO THE ORGANISM OF
   11  HEREDITARY MATERIALS PREPARED OUTSIDE THE ORGANISM SUCH AS  MICRO-INJEC-
   12  TION,  MACRO-INJECTION,  CHEMOPORATION, MICRO-ENCAPSULATION AND LIPOSOME
   13  FUSION.
   14    (B) FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY, INCLUDING  PROTOPLAST
   15  FUSION  OR HYBRIDIZATION TECHNIQUES, THAT OVERCOME NATURAL PHYSIOLOGICAL
   16  REPRODUCTIVE OR RECOMBINANT BARRIERS WHERE THE  DONOR  CELLS  OR  PROTO-
   17  PLASTS  DO  NOT  FALL  WITHIN THE SAME TAXONOMIC FAMILY AND THAT ARE NOT
   18  TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
   19    23. THE TERM "GENETICALLY ENGINEERED ORGANISM" MEANS  AN  ORGANISM  IN
   20  WHICH THE GENETIC MATERIAL HAS BEEN CHANGED THROUGH MODERN BIOTECHNOLOGY
   21  IN  A WAY THAT DOES NOT OCCUR NATURALLY BY MULTIPLICATION AND/OR NATURAL
   22  RECOMBINATION.
   23    S 2. Section 137 of the agriculture and  markets  law  is  amended  by
   24  adding a new subdivision I to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03177-01-3
       A. 5283                             2
    1    I.  FOR  ALL  SEEDS WHICH ARE OR INCLUDE GENETICALLY ENGINEERED ORGAN-
    2  ISMS. THE FOLLOWING IN NOT LESS THAN TEN POINT TYPE:
    3    1. THE WORDS "THESE ARE GENETICALLY ENGINEERED SEEDS".
    4    2.  THE  IDENTITY OF THE RELEVANT TRAITS OR CHARACTERISTICS INTRODUCED
    5  INTO SUCH SEED USING MODERN BIOTECHNOLOGY.
    6    3. ANY REQUIREMENTS FOR THE SAFE HANDLING, STORAGE, TRANSPORT AND  USE
    7  OF THE SEED.
    8    4.  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF THE MANUFACTURER OF THE
    9  SEED.
   10    5. THE NAME AND ADDRESS OF THE PERSON WHO LABELED  SAID  SEED  OR  WHO
   11  SELLS, OFFERS FOR SALE OR EXPOSES SAID SEED FOR SALE WITHIN THIS STATE.
   12    S  3.  The  opening  paragraph  of  section 139 of the agriculture and
   13  markets law, as added by chapter 631 of the laws of 1955, is amended  to
   14  read as follows:
   15    The provisions of this article [do], WITH THE EXCEPTION OF SUBDIVISION
   16  I  OF  SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE, SHALL not apply
   17  TO THE FOLLOWING:
   18    S 4. The three undesignated paragraphs of section 142 of the  agricul-
   19  ture  and  markets law are designated subdivisions 1, 2 and 3, and a new
   20  subdivision 4 is added to read as follows:
   21    4. THE COMMISSIONER SHALL PROMULGATE SUCH  RULES  AND  REGULATIONS  AS
   22  SHALL  BE  NECESSARY  TO  IMPLEMENT  THE  PROVISIONS OF SUBDIVISION I OF
   23  SECTION ONE HUNDRED THIRTY-SEVEN OF THIS  ARTICLE  IN  RELATION  TO  THE
   24  LABELING OF SEEDS WHICH ARE OR INCLUDE GENETICALLY ENGINEERED ORGANISMS,
   25  TAKING INTO CONSIDERATION: THE ORIGINS OF THE SEED, THE PRESENCE OF WEED
   26  SEEDS,  MIXTURES,  HERMETICALLY  SEALED  CONTAINERS,  COATED SEEDS, CROP
   27  SEEDS, GENETICALLY ENGINEERED  MATERIAL,  GENETICALLY  ENGINEERED  PLANT
   28  PARTS, HYBRIDS, GERMINATION MEDIUM AND PRE-PLANTED CONTAINERS.
   29    S  5.  This  act  shall take effect on the sixtieth day after it shall
   30  have become a law.