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