Bill Text: NY A00536 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires disclosure and labeling of food products from cloned animals or the progeny of such animals.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A00536 Detail]
Download: New_York-2015-A00536-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 536 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. ROSENTHAL, CAMARA, GLICK, GUNTHER, MARKEY -- Multi-Sponsored by -- M. of A. LIFTON, LUPARDO, PERRY -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the agriculture and markets law, in relation to labeling and sale of cloned animals and food products from cloned animals or the progeny of such animals 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 210-b to read as follows: 3 S 210-B. LABELING OF FOOD PRODUCTS DERIVED FROM CLONED ANIMALS. 1. 4 ANY PERSON WHO MANUFACTURES OR PROCESSES FOOD PRODUCTS, INCLUDING FRESH 5 OR FROZEN MEAT, MEAT PREPARATIONS, MEAT BY-PRODUCTS, POULTRY, EGGS OR 6 OTHER DAIRY FOOD OR DAIRY FOOD PRODUCTS FOR HUMAN CONSUMPTION SHALL 7 INDICATE ON THE LABEL OF SUCH FOOD PRODUCTS WHEN PACKAGED, OR BY A SIGN 8 WHEN NOT PACKAGED, AS THE CASE MAY BE, THAT SUCH FOOD CONTAINS THE PROD- 9 UCT OF A CLONED ANIMAL OR ITS PROGENY. 10 2. AN IMPORTER OF FOOD PRODUCTS FROM OUT-OF-STATE MANUFACTURERS OR 11 PROCESSORS OF FOOD FOR HUMAN CONSUMPTION THAT CONTAINS ANY PRODUCT FROM 12 A CLONED ANIMAL OR ITS PROGENY SHALL LABEL THE FOOD TO INDICATE THAT THE 13 FOOD INCLUDES THE PRODUCT OF A CLONED ANIMAL OR ITS PROGENY IF THE 14 IMPORTER HAS REASONABLE KNOWLEDGE THAT THE FOOD CONTAINS SUCH PRODUCT. 15 3. ANY PERSON WHO PURCHASES OR OTHERWISE OBTAINS ANY FOOD PRODUCT FOR 16 HUMAN CONSUMPTION WHICH IS LABELED SO AS TO DISCLOSE THAT THE FOOD 17 CONTAINS A PRODUCT FROM A CLONED ANIMAL OR ITS PROGENY, AND WHO RESELLS 18 SUCH FOOD PRODUCT TO ANOTHER PERSON SHALL ENSURE THAT THE FOOD IS 19 LABELED TO DISCLOSE THAT THE FOOD CONTAINS A PRODUCT FROM A CLONED 20 ANIMAL OR ITS PROGENY. 21 4. THE INFORMATION ON THE LABEL REQUIRED PURSUANT TO THIS SECTION 22 SHALL BE DISPLAYED IN A CONSPICUOUS AND EASILY LEGIBLE BOLDFACE PRINT OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04050-01-5 A. 536 2 1 TYPE THAT IS IN CLEAR CONTRAST TO OTHER MATTER ON THE PACKAGE. THE LABEL 2 SHALL COMPLY WITH THE TYPE SIZE SPECIFICATIONS IN SECTION 101.105(I) OF 3 TITLE 21 OF THE CODE OF FEDERAL REGULATIONS. 4 5. FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL 5 APPLY: 6 (1) "CLONED ANIMAL" MEANS AN ANIMAL THAT ARISES DIRECTLY FROM A SOMAT- 7 IC CELL NUCLEAR TRANSFER EVENT. 8 (2) "LIVESTOCK PRODUCER" MEANS A PERSON WHO ENGAGES IN THE BUSINESS OF 9 ANIMAL PRODUCTION, WHICH INCLUDES, BUT IS NOT LIMITED TO, THE BIRTH, 10 RAISING, FEEDING, WEANING, AND IDENTIFICATION OF A LIVE ANIMAL, AND WHO 11 GENERALLY DOES NOT ENGAGE IN THE BUSINESS OF PREPARING ANY ANIMAL FOOD 12 THAT IS DERIVED IN WHOLE OR IN PART FROM AN ANIMAL CARCASS OR ITS 13 PRODUCTS. 14 (3) "PROGENY OF A CLONED ANIMAL" MEANS AN ANIMAL DERIVED FROM THE 15 SEXUAL REPRODUCTION OF A CLONED ANIMAL WITH ANOTHER CLONED ANIMAL OR AN 16 ANIMAL THAT IS NOT CLONED. 17 (4) "REASONABLE KNOWLEDGE" MEANS THE IMPORTER KNOWS ABOUT OR HAS 18 POSSESSION OF ANY DOCUMENT OR ADVERTISEMENT IN ANY MEDIUM THAT INDICATES 19 THAT THE PRODUCT WAS DERIVED FROM A CLONED ANIMAL OR ITS PROGENY. 20 S 2. The agriculture and markets law is amended by adding a new 21 section 358-b to read as follows: 22 S 358-B. DISCLOSURE OF CLONED ANIMALS UPON SALE. 1. EVERY LIVESTOCK 23 PRODUCER WHO SELLS OR TRANSFERS ANY CLONED ANIMAL OR ITS PROGENY SHALL 24 DISCLOSE TO THE BUYER OR TRANSFEREE THAT THE ANIMAL IS CLONED OR IS THE 25 PROGENY OF A CLONED ANIMAL. 26 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL 27 APPLY: 28 (A) "CLONED ANIMAL" MEANS AN ANIMAL THAT ARISES DIRECTLY FROM A SOMAT- 29 IC CELL NUCLEAR TRANSFER EVENT. 30 (B) "LIVESTOCK PRODUCER" MEANS A PERSON WHO ENGAGES IN THE BUSINESS OF 31 ANIMAL PRODUCTION, WHICH INCLUDES, BUT IS NOT LIMITED TO, THE BIRTH, 32 RAISING, FEEDING, WEANING, AND IDENTIFICATION OF A LIVE ANIMAL, AND WHO 33 GENERALLY DOES NOT ENGAGE IN THE BUSINESS OF PREPARING ANY ANIMAL FOOD 34 THAT IS DERIVED IN WHOLE OR IN PART FROM AN ANIMAL CARCASS OR ITS 35 PRODUCTS. 36 (C) "PROGENY OF A CLONED ANIMAL" MEANS AN ANIMAL DERIVED FROM THE 37 SEXUAL REPRODUCTION OF A CLONED ANIMAL WITH ANOTHER CLONED ANIMAL OR AN 38 ANIMAL THAT IS NOT CLONED. 39 S 3. This act shall take effect on the one hundred twentieth day after 40 it shall have become a law. Effective immediately, the addition, amend- 41 ment and/or repeal of any rule or regulation necessary for the implemen- 42 tation of this act on its effective date are authorized and directed to 43 be made and completed on or before such effective date.