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.
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