Bill Text: NY S00485 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the labeling of raw agricultural commodities, processed foods, seed, and seed stock produced with genetic engineering; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.
Spectrum: Moderate Partisan Bill (Democrat 25-7)
Status: (Introduced - Dead) 2016-04-05 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00485 Detail]
Download: New_York-2015-S00485-Introduced.html
Bill Title: Provides for the labeling of raw agricultural commodities, processed foods, seed, and seed stock produced with genetic engineering; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.
Spectrum: Moderate Partisan Bill (Democrat 25-7)
Status: (Introduced - Dead) 2016-04-05 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00485 Detail]
Download: New_York-2015-S00485-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 485 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. LAVALLE, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the agriculture and markets law, in relation to the labeling of genetically modified 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 produced with genetic engineering so they can make 4 informed purchasing decisions. 5 Further the legislature finds that: 6 (a) Currently, there is no federal law that requires food producers to 7 identify whether foods were produced with genetic engineering. At the 8 same time, the United States Food and Drug Administration (FDA) does not 9 require safety studies of such foods; 10 (b) Identification of foods produced with genetic engineering can 11 provide a critical method for tracking effects of consuming foods 12 produced with genetic engineering; 13 (c) More than sixty countries, including key United States trading 14 partners, have laws mandating disclosure of genetically engineered 15 foods. Identifying foods produced with genetic engineering will help 16 protect our state's export market; 17 (d) A variety of genetically engineered crops are commercially culti- 18 vated and sold in the United States, including corn, canola, sugar 19 beets, soybean, cotton, alfalfa, and papaya. It has been estimated that 20 70-80% of packaged grocery products contain some materials derived from 21 these genetically engineered crops; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03147-01-5 S. 485 2 1 (e) Without disclosure, consumers with certain dietary restrictions 2 may unknowingly consume such food in violation of such dietary 3 restrictions; 4 (f) Preserving the identity, quality, and reliability of agricultural 5 products is of prime importance to our state's fiscal health; 6 (g) The cultivation of genetically engineered crops can cause serious 7 environmental impacts; 8 (h) It is the intent of this act to ensure that New York consumers and 9 farmers are fully and reliably informed about whether the food and seed 10 they purchase and eat were produced with genetic engineering so they may 11 choose for themselves whether to purchase and eat or use such food and 12 seed; 13 (i) It is the intent of this act only to regulate the labeling of 14 seed, seed stock, and food for human consumption offered for retail sale 15 within New York State. 16 S 2. The general business law is amended by adding a new section 391-t 17 to read as follows: 18 S 391-T. GENETICALLY ENGINEERED FOODS; REQUIRED LABELING. 1. DEFI- 19 NITIONS. AS USED IN THIS SECTION, THE TERM: 20 (A) "DEPARTMENT" MEANS THE STATE DEPARTMENT OF AGRICULTURE AND 21 MARKETS. 22 (B) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD OF 23 DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM ONE PLACE TO 24 ANOTHER. 25 (C) "ENZYME" MEANS A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF 26 OTHER SUBSTANCES WITHOUT ITSELF BEING DESTROYED OR ALTERED UPON 27 COMPLETION OF THE REACTIONS. 28 (D) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV- 29 ATIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION OR 30 SEED MEANS PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS 31 ALTERED MATERIALLY THROUGH THE APPLICATION OF: 32 (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO 33 RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) TECHNIQUES AND THE DIRECT 34 INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR 35 (II) THE FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOMES 36 NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT BARRIERS AND THAT 37 ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION. 38 FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC 39 ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA 40 TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE DIRECT 41 INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE 42 THE ORGANISMS SUCH AS BIOLISTICS, MICROINJECTION, MACRO-INJECTION, 43 CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION. 44 (E) "MANUFACTURER" MEANS A PERSON OR BUSINESS ENGAGED IN THE 45 PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT. 46 (F) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR 47 ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS 48 INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION 49 FOR WHICH DISTINCTIVE NUTRITIONAL REQUIREMENTS, BASED ON RECOGNIZED 50 SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION. 51 (G) "PROCESSED FOOD" MEANS ANY FOOD OTHER THAN A RAW AGRICULTURAL 52 COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY 53 THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING, 54 COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING. 55 (H) "PROCESSING AID" MEANS: S. 485 3 1 (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE 2 FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED 3 IN ITS FINISHED FORM; 4 (II) A SUBSTANCE THAT IS ADDED TO A FOOD DURING PROCESSING, IS 5 CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT 6 SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN 7 THE FOOD; OR 8 (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC- 9 TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT 10 INSIGNIFICANT LEVELS AND DOES NOT HAVE ANY TECHNICAL OR FUNCTIONAL 11 EFFECT IN THAT FINISHED FOOD. 12 (I) "RAW AGRICULTURAL COMMODITY" MEANS ANY PLANT, ANIMAL, OR FUNGI 13 GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES. 14 (J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM 15 INDIVIDUALS OR BUSINESSES TO THE END-USER. 16 2. LABELING OF GENETICALLY ENGINEERED SEED AND FOOD. (A) ANY FOOD FOR 17 HUMAN CONSUMPTION, SEED, OR SEED STOCK OFFERED FOR RETAIL SALE IN NEW 18 YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY 19 PRODUCED WITH GENETIC ENGINEERING AND THAT FACT IS NOT DISCLOSED AS 20 FOLLOWS: 21 (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY 22 PACKAGED OR LABELED, THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR 23 ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR "GMO", 24 OR A DERIVATIVE OF THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED 25 FOR PACKAGING, HOLDING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS 26 MANNER BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND 27 DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR 28 BIN IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER. 29 (II) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS SEPARATELY 30 PACKAGED OR PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC ENGINEER- 31 ING, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND CONSPICUOUS 32 MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH GENET- 33 IC ENGINEERING" OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS 34 "GE", "GM", "GMO", OR A DERIVATIVE OF THOSE PHRASES. 35 (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER 36 ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE SEED OR SEED 37 STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI- 38 CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH 39 THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF 40 THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR A DERIVATIVE OF THOSE 41 PHRASES. 42 (B) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE LISTING 43 OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGINEERED, 44 NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER 45 DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR A DERIVA- 46 TIVE OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR 47 PRIMARY PRODUCT DESCRIPTOR OF A FOOD. 48 (C) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY 49 BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED WITH GENETIC ENGI- 50 NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE- 51 RIALS IN THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE 52 PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD. 53 (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING: 54 (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL 55 THAT HAS NOT ITSELF BEEN PRODUCED WITH GENETIC ENGINEERING, REGARDLESS 56 OF WHETHER THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC S. 485 4 1 ENGINEERING OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED 2 WITH GENETIC ENGINEERING; 3 (II) A RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, OR SEED THAT HAS 4 BEEN GROWN, RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTEN- 5 TIONAL USE OF GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN 6 THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON OR ENTITY RESPONSIBLE FOR 7 COMPLYING WITH THIS SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL 8 COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK MUST OBTAIN, FROM WHOMEV- 9 ER SOLD THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR SEED 10 STOCK TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED ON AN 11 INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE RAW AGRICULTURAL 12 COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK: (1) HAS NOT BEEN KNOW- 13 INGLY OR INTENTIONALLY PRODUCED WITH GENETIC ENGINEERING; AND (2) HAS 14 BEEN SEGREGATED FROM, AND HAS NOT BEEN KNOWINGLY OR INTENTIONALLY 15 COMMINGLED WITH FOODS OR SEEDS THAT MAY HAVE BEEN PRODUCED WITH GENETIC 16 ENGINEERING; 17 (III) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY 18 BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS 19 PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING; 20 (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO- 21 HOLIC BEVERAGE CONTROL LAW; 22 (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND 23 OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS 24 PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM TIME TO 25 TIME, AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED PURSUANT 26 THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; 27 (VI) FOOD THAT IS NOT PACKAGED FOR SALE AND THAT EITHER: (I) IS A 28 PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION OR 29 (II) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT, FOOD 30 FACILITY, OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD PREPARED 31 AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR 32 (VII) MEDICAL FOOD. 33 3. VIOLATIONS. (A) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTI- 34 TY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE 35 LABELS AND MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED 36 NINETY-TWO-B OF THIS ARTICLE, PROVIDED HOWEVER THAT A RETAILER SHALL NOT 37 BE SUBJECT TO THE PENALTIES UNDER SECTION THREE HUNDRED NINETY-TWO-B OF 38 THIS ARTICLE UNLESS (I) THE RETAILER IS THE MANUFACTURER OF THE GENET- 39 ICALLY ENGINEERED RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR 40 SEED STOCK AND SELLS THE GENETICALLY ENGINEERED RAW AGRICULTURAL COMMOD- 41 ITY, PROCESSED FOOD, SEED, OR SEED STOCK UNDER A BRAND IT OWNS OR (II) 42 THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL. 43 (B) ANY PERSON OR ENTITY WHO VIOLATES THE REQUIREMENTS OF THIS SECTION 44 SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND 45 DOLLARS PER DAY, PER PRODUCT. 46 4. NOTICE OF VIOLATION. IN ANY CASE WHERE THERE HAS BEEN A FINAL 47 DETERMINATION BY THE DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS 48 OF THIS SECTION, THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC, 49 WITHOUT CHARGE, THE FOLLOWING INFORMATION: 50 (A) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR; 51 (B) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY THE 52 DEPARTMENT; 53 (C) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING THE 54 NAME OF THE PRODUCT; AND 55 (D) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT. S. 485 5 1 5. THIRD-PARTY PROTECTION; RELIANCE ON WRITTEN STATEMENT. A DISTRIBU- 2 TOR OR RETAILER THAT SELLS A RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, 3 SEED, OR SEED STOCK THAT HAS BEEN PRODUCED WITH GENETIC ENGINEERING THAT 4 FAILS TO MAKE THE DISCLOSURE REQUIRED PURSUANT TO SUBDIVISION TWO OF 5 THIS SECTION, IS NOT SUBJECT TO FINANCIAL LIABILITY IN ANY CIVIL ACTION 6 TO ENFORCE THIS SECTION IF THE DISTRIBUTOR OR RETAILER RELIED ON THE 7 WRITTEN STATEMENT OBTAINED UNDER SUBDIVISION TWO OF THIS SECTION 8 PROVIDED BY THE MANUFACTURER STATING THAT THE RAW AGRICULTURAL COMMOD- 9 ITY, PROCESSED FOOD, SEED, OR SEED STOCK IS NOT SUBJECT TO THE DISCLO- 10 SURE REQUIREMENTS UNDER THIS SECTION. 11 S 3. Section 198 of the agriculture and markets law is amended by 12 adding a new subdivision 12 to read as follows: 13 12. THE TERM: (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN 14 ANY METHOD OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM 15 ONE PLACE TO ANOTHER. 16 (B) "ENZYME" MEANS A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF 17 OTHER SUBSTANCES WITHOUT ITSELF BEING DESTROYED OR ALTERED UPON 18 COMPLETION OF THE REACTIONS. 19 (C) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV- 20 ATIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION OR 21 SEED MEANS PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS 22 ALTERED MATERIALLY THROUGH THE APPLICATION OF: 23 (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO 24 RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) TECHNIQUES AND THE DIRECT 25 INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR 26 (II) THE FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOMES 27 NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT BARRIERS AND THAT 28 ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION. 29 FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC 30 ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA 31 TECHNIQUES THAT USE VECTOR SYSTEMS AND TECHNIQUES INVOLVING THE DIRECT 32 INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE 33 THE ORGANISMS SUCH AS BIOLISTICS, MICROINJECTION, MACRO-INJECTION, 34 CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION. 35 (D) "MANUFACTURER" MEANS A PERSON OR BUSINESS ENGAGED IN THE 36 PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT. 37 (E) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR 38 ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS 39 INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION 40 FOR WHICH DISTINCTIVE NUTRITIONAL REQUIREMENTS, BASED ON RECOGNIZED 41 SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION. 42 (F) "PROCESSED FOOD" MEANS ANY FOOD OTHER THAN A RAW AGRICULTURAL 43 COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY 44 THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING, 45 COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING. 46 (G) "PROCESSING AID" MEANS: 47 (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE 48 FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED 49 IN ITS FINISHED FORM; 50 (II) A SUBSTANCE THAT IS ADDED TO A FOOD DURING PROCESSING, IS 51 CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT 52 SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN 53 THE FOOD; OR 54 (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC- 55 TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT S. 485 6 1 INSIGNIFICANT LEVELS AND DOES NOT HAVE ANY TECHNICAL OR FUNCTIONAL 2 EFFECT IN THAT FINISHED FOOD. 3 (H) "RAW AGRICULTURAL COMMODITY" MEANS ANY PLANT, ANIMAL, OR FUNGI 4 GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES. 5 (I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM 6 INDIVIDUALS OR BUSINESSES TO THE END-USER. 7 S 4. Section 201 of the agriculture and markets law is amended by 8 adding a new subdivision 15 to read as follows: 9 15. (A) ANY FOOD FOR HUMAN CONSUMPTION, SEED, OR SEED STOCK OFFERED 10 FOR RETAIL SALE IN NEW YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY 11 ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGINEERING AND THAT FACT 12 IS NOT DISCLOSED AS FOLLOWS: 13 (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY 14 PACKAGED OR LABELED, THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR 15 ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR "GMO", 16 OR A DERIVATIVE OF THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED 17 FOR PACKAGING, HOLDING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS 18 MANNER BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND 19 DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL SHELF OR BIN 20 IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER. 21 (II) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS SEPARATELY 22 PACKAGED OR PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC ENGINEER- 23 ING, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND CONSPICUOUS 24 MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH GENET- 25 IC ENGINEERING" OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS 26 "GE", "GM", "GMO", OR A DERIVATIVE OF THOSE PHRASES. 27 (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER 28 ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE SEED OR SEED 29 STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI- 30 CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH 31 THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF 32 THOSE WORDS, THE INITIALS "GE,", "GM", "GMO", OR A DERIVATIVE OF THOSE 33 PHRASES. 34 (B) THIS SUBDIVISION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE 35 LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGI- 36 NEERED, NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY 37 OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE," "GM", "GMO", OR A 38 DERIVATIVE OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON 39 NAME OR PRIMARY PRODUCT DESCRIPTOR OF A FOOD. 40 (C) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY 41 BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED WITH GENETIC ENGI- 42 NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE- 43 RIALS IN THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE 44 PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD. 45 (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING: 46 (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL 47 THAT HAS NOT ITSELF BEEN PRODUCED WITH GENETIC ENGINEERING, REGARDLESS 48 OF WHETHER THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC 49 ENGINEERING OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED 50 WITH GENETIC ENGINEERING; 51 (II) A RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, OR SEED THAT HAS 52 BEEN GROWN, RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTEN- 53 TIONAL USE OF GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN 54 THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON OR ENTITY RESPONSIBLE FOR 55 COMPLYING WITH PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW 56 AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK MUST OBTAIN, S. 485 7 1 FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, 2 OR SEED STOCK MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL 3 COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK TO THAT PERSON, A WRITTEN 4 STATEMENT, WHICH MAY BE INCLUDED ON AN INVOICE THAT MAY BE IN AN ELEC- 5 TRONIC FORM, THAT THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, 6 OR SEED STOCK: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY PRODUCED WITH 7 GENETIC ENGINEERING; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT BEEN 8 KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT MAY HAVE 9 BEEN PRODUCED WITH GENETIC ENGINEERING; 10 (III) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SUBDIVISION 11 SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS 12 PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING; 13 (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO- 14 HOLIC BEVERAGE CONTROL LAW; 15 (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND 16 OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS 17 PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM TIME TO 18 TIME, AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED PURSUANT 19 THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; 20 (VI) FOOD THAT IS NOT PACKAGED FOR SALE AND THAT EITHER: (I) IS A 21 PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION OR 22 (II) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT, FOOD 23 FACILITY, OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD PREPARED 24 AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR 25 (VII) MEDICAL FOOD. 26 (E)(I) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY VIOLATING 27 THIS SECTION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND 28 MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF 29 THE GENERAL BUSINESS LAW, PROVIDED HOWEVER THAT A RETAILER SHALL NOT BE 30 SUBJECT TO THE PENALTIES UNDER SECTION THREE HUNDRED NINETY-TWO-B OF THE 31 GENERAL BUSINESS LAW UNLESS (1) THE RETAILER IS THE MANUFACTURER OF THE 32 GENETICALLY ENGINEERED RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, 33 OR SEED STOCK AND SELLS THE GENETICALLY ENGINEERED RAW AGRICULTURAL 34 COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK UNDER A BRAND IT OWNS OR 35 (2) THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL. 36 (II) ANY PERSON OR ENTITY WHO VIOLATES THE REQUIREMENTS OF THIS 37 SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOU- 38 SAND DOLLARS PER DAY, PER PRODUCT. 39 (F) IN ANY CASE WHERE THERE HAS BEEN A FINAL DETERMINATION BY THE 40 DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION, 41 THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC, WITHOUT CHARGE, THE 42 FOLLOWING INFORMATION: 43 (I) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR; 44 (II) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY THE 45 DEPARTMENT; 46 (III) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING 47 THE NAME OF THE PRODUCT; AND 48 (IV) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT. 49 (G) A DISTRIBUTOR OR RETAILER THAT SELLS A RAW AGRICULTURAL COMMODITY, 50 PROCESSED FOOD, SEED, OR SEED STOCK THAT HAS BEEN PRODUCED WITH GENETIC 51 ENGINEERING THAT FAILS TO MAKE THE DISCLOSURE REQUIRED PURSUANT TO 52 SECTION THREE HUNDRED NINETY-ONE-T OF THE GENERAL BUSINESS LAW, IS NOT 53 SUBJECT TO FINANCIAL LIABILITY IN ANY CIVIL ACTION TO ENFORCE THIS 54 SECTION IF THE DISTRIBUTOR OR RETAILER RELIED ON THE WRITTEN STATEMENT 55 OBTAINED UNDER SUBDIVISION TWO OF SECTION THREE HUNDRED NINETY-ONE-T OF 56 THE GENERAL BUSINESS LAW PROVIDED BY THE MANUFACTURER STATING THAT THE S. 485 8 1 RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK IS NOT 2 SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER SUCH SECTION. 3 S 5. Severability clause. If any provision of this act or its applica- 4 tion to any person, legal entity, or circumstance is held invalid, the 5 remainder of the act or the application of the provision to other 6 persons, legal entity or circumstances shall not be affected. 7 S 6. This act shall take effect twenty-four months after it shall have 8 become a law; provided, however, that effective immediately, the depart- 9 ment of agriculture and markets shall adopt any rules and regulations 10 necessary to implement this act, including, but not limited to, creating 11 and maintaining a list, which shall be made available to the public at 12 no cost, of raw agricultural commodities that are produced with genetic 13 engineering; provided, further, that the department of agriculture and 14 markets is not authorized to create any exemptions beyond those provided 15 for in paragraph (d) of subdivision 2 of section 391-t of the general 16 business law as added by section two of this act and paragraph (d) of 17 subdivision 15 of section 201 of the agriculture and markets law as 18 added by section four of this act; this act shall remain in effect until 19 such time as a comprehensive federal system requiring mandatory labeling 20 of raw agricultural commodities, processed foods, seed, and seed stock 21 produced with genetic engineering is implemented, provided however that 22 nothing contained herein shall prevent the state from exercising any 23 concurrent authority authorized by federal law; provided that the 24 commissioner of agriculture and markets shall notify the legislative 25 bill drafting commission upon the occurrence of the enactment of a 26 comprehensive federal system requiring mandatory labeling of raw agri- 27 cultural commodities, processed foods, seed, and seed stock produced 28 with genetic engineering in order that the commission may maintain an 29 accurate and timely effective data base of the official text of the laws 30 of the state of New York in furtherance of effectuating the provisions 31 of section 44 of the legislative law and section 70-b of the public 32 officers law.