assembly Bill A3525A

Amended

Provides for the labeling of raw agricultural commodities, processed foods, seed, and seed stock produced with genetic engineering

download pdf

Sponsor

ROSENTHAL

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 28 / Jan / 2013
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 09 / May / 2013
    • AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
  • 09 / May / 2013
    • PRINT NUMBER 3525A
  • 03 / Jun / 2013
    • DEFEATED IN CONSUMER AFFAIRS AND PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 05 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
  • 05 / Mar / 2014
    • PRINT NUMBER 3525B
  • 23 / Apr / 2014
    • AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
  • 23 / Apr / 2014
    • PRINT NUMBER 3525C
  • 02 / May / 2014
    • AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
  • 02 / May / 2014
    • PRINT NUMBER 3525D
  • 06 / May / 2014
    • REPORTED REFERRED TO CODES
  • 22 / May / 2014
    • AMEND AND RECOMMIT TO CODES
  • 22 / May / 2014
    • PRINT NUMBER 3525E
  • 03 / Jun / 2014
    • REPORTED REFERRED TO WAYS AND MEANS

Summary

Provides for the labeling of raw agriculture commodities, processed foods, seed, and seed stock produced with genetic engineering; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.

do you support this bill?

Bill Details

See Senate Version of this Bill:
S3835A
Versions:
A3525
A3525A
A3525B
A3525C
A3525D
A3525E
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L; amd §§198 & 201, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1367, S3908
2009-2010: A500, S2052
2007-2008: A6075
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3525--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. ROSENTHAL, PEOPLES-STOKES, JAFFEE, MAISEL, STEV-
  ENSON, DINOWITZ, THIELE, KEARNS,  SEPULVEDA,  ROBERTS,  MOYA,  LAVINE,
  COLTON,  COOK, MILLMAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMO-
  TAS, SCHIMEL, STECK, BENEDETTO, PERRY -- Multi-Sponsored by --  M.  of
  A.  BOYLAND,  BRENNAN,  BRINDISI,  CURRAN,  FAHY, GIBSON, GLICK, GRAF,
  HEVESI, JOHNS, LIFTON, McDONOUGH,  MONTESANO,  PAULIN,  RAIA,  RIVERA,
  SKARTADOS,  WEISENBERG  --  read once and referred to the Committee on
  Consumer Affairs and 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:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S  391-S.  GENETICALLY  MODIFIED  FOODS; REQUIRED LABELING. 1.   DEFI-
NITIONS. AS USED IN THIS SECTION, THE TERM:
  (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD  OF
DISTRIBUTING  OR  TRANSPORTING  A FOOD OR FOOD PRODUCT FROM ONE PLACE TO
ANOTHER.
  (B) "ENZYME" MEANS A PROTEIN  THAT  CATALYZES  CHEMICAL  REACTIONS  OF
OTHER   SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED  UPON
COMPLETION OF THE REACTIONS.
  (C)  "GENETICALLY  ENGINEERED,"  "GENETIC  ENGINEERING,"  "GENETICALLY
MODIFIED,"  OR  "GENETIC  MODIFICATION,"  AS  APPLIED TO ANY HUMAN FOOD,
MEANS PRODUCED FROM OR WITH  AN  ORGANISM  OR  ORGANISMS  WITH  GENETICS
ALTERED MATERIALLY THROUGH THE APPLICATION OF:
  (I)  IN  VITRO  NUCLEIC  ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
RECOMBINANT  DEOXYRIBONUCLEIC  ACID  (DNA)  TECHNIQUES  AND  THE  DIRECT
INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02306-02-3

A. 3525--A                          2

  (II) FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOME NATURAL
PHYSIOLOGICAL  REPRODUCTIVE  OR  RECOMBINANT  BARRIERS  AND THAT ARE NOT
TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
  (D)  "MANUFACTURER"  MEANS A PERSON OR BUSINESS THAT MAKES, PROCESSES,
COMBINES, OR PACKAGES FOOD INGREDIENTS INTO A FINISHED FOOD PRODUCT.
  (E) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE  CONSUMED  OR
ADMINISTERED INTERNALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
INTENDED  FOR  THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
FOR WHICH DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED  ON  RECOGNIZED
SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
  (F)  "PROCESSED  FOOD"  MEANS  ANY  FOOD OTHER THAN A RAW AGRICULTURAL
COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING,  PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
  (G) "PROCESSING AID" MEANS:
  (I)  A  SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
IN ITS FINAL FORM;
  (II)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD DURING PROCESSING, IS
CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS FOUND IN THE FOOD;
OR
  (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECTS IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD  AT
INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
  (H) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
  (I)  "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING THE FOOD
FROM INDIVIDUALS OR BUSINESSES TO THE END-USER.
  2. LABELING OF GENETICALLY ENGINEERED FOODS. (A) ANY FOOD OFFERED  FOR
RETAIL  SALE  IN  NEW  YORK  IS MISBRANDED IF IT IS ENTIRELY GENETICALLY
ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGINEERING AND THAT  FACT
IS NOT DISCLOSED AS FOLLOWS:
  (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED  OR LABELED, THE WORDS "GENETICALLY ENGINEERED" SHALL BE PLACED
ON THE CONTAINER USED FOR PACKAGING, HOLDING AND/OR TRANSPORT IN A CLEAR
AND CONSPICUOUS MANNER  BY  THE  MANUFACTURER,  AND  MAINTAINED  BY  THE
DISTRIBUTOR,  AND ON THE RETAIL STORE SHELF OR BIN IN WHICH SUCH COMMOD-
ITY IS DISPLAYED FOR SALE IN A  CLEAR  AND  CONSPICUOUS  MANNER  BY  THE
RETAILER.
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING,  THE  MANUFACTURER  MUST  LABEL THE PRODUCT, IN A CLEAR AND
CONSPICUOUS MANNER ON THE FRONT OR BACK OF THE  PACKAGE  OF  SUCH  FOOD,
WITH THE WORDS "PRODUCED WITH GENETIC ENGINEERING".
  (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY  RESPONSIBLE  FOR  PRODUCING THE SEED MUST LABEL THE SEED OR SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "GENETICALLY ENGINEERED".
  (B) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE  LISTING
OR IDENTIFICATION OF ANY INGREDIENT OR INGREDIENTS THAT WERE GENETICALLY
ENGINEERED,  NOR  THAT THE TERM "GENETICALLY ENGINEERED" BE PLACED IMME-
DIATELY PRECEDING ANY COMMON NAME OR PRIMARY  PRODUCT  DESCRIPTOR  OF  A
FOOD.

A. 3525--A                          3

  (C)  ANY  PROCESSED  FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED BY GENETIC  ENGINEER-
ING  IS  NOT  MISBRANDED  PROVIDED  THAT THE ENGINEERED MATERIALS IN THE
AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE PERCENT OF THE
TOTAL WEIGHT OF THE PROCESSED FOOD.
  (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
  (I)  FOOD  CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS  OF  WHETHER
THE  ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
OR TREATED WITH ANY DRUG OR  VACCINE  THAT  HAS  BEEN  PRODUCED  THROUGH
GENETIC ENGINEERING;
  (II) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED,  OR  DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF GENET-
ICALLY ENGINEERED SEED OR FOOD. TO  BE  INCLUDED  WITHIN  THE  EXCLUSION
UNDER  THIS  PARAGRAPH,  THE  PERSON RESPONSIBLE FOR COMPLYING WITH THIS
SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMODITY  OR  FOOD  MUST
OBTAIN, FROM WHOEVER SOLD THE RAW AGRICULTURAL COMMODITY OR FOOD TO THAT
PERSON,  A  SWORN STATEMENT THAT THE RAW AGRICULTURAL COMMODITY OR FOOD:
(1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY GENETICALLY ENGINEERED;  AND
(2)  HAS  BEEN  SEGREGATED  FROM,  AND  HAS NOT BEEN KNOWINGLY OR INTEN-
TIONALLY COMMINGLED WITH, FOODS THAT MAY  HAVE  BEEN  GENETICALLY  ENGI-
NEERED  AT  ANY  TIME. IN PROVIDING SUCH A SWORN STATEMENT, A PERSON MAY
RELY ON A SWORN STATEMENT FROM HIS OR HER  OWN  SUPPLIER  THAT  CONTAINS
SUCH AN AFFIRMATION;
  (III)  ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE ONE OR MORE PROCESSING AIDS OR ENZYMES WERE PRODUCED OR  DERIVED
WITH GENETIC ENGINEERING;
  (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
HOLIC BEVERAGE CONTROL LAW;
  (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
OFFERED  FOR  SALE  AS  "ORGANIC"  PURSUANT TO THE FEDERAL ORGANIC FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
PROGRAM REGULATIONS PROMULGATED PURSUANT THERETO BY USDA;
  (VI) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (1) IS
A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN  CONSUMPTION;
OR (2) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
FOOD SERVICE ESTABLISHMENT THAT IS PRIMARILY ENGAGED IN THE SALE OF FOOD
PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
  (VII) MEDICAL FOOD.
  3.  RIGHT  OF ACTION FOR VIOLATIONS. ANY PERSON, FIRM, CORPORATION, OR
OTHER LEGAL ENTITY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE PENAL-
TIES FOR FALSE LABELS AND MISBRANDING AS  SET  FORTH  IN  SECTION  THREE
HUNDRED NINETY-TWO-B OF THIS ARTICLE.
  S  2.  Section  198  of  the agriculture and markets law is amended by
adding a new subdivision 12 to read as follows:
  12. THE TERM:  (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN
ANY METHOD OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD  PRODUCT  FROM
ONE PLACE TO ANOTHER.
  (B)  "ENZYME"  MEANS  A  PROTEIN  THAT CATALYZES CHEMICAL REACTIONS OF
OTHER  SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED   UPON
COMPLETION OF THE REACTIONS.
  (C)  "GENETICALLY  ENGINEERED,"  "GENETIC  ENGINEERING,"  "GENETICALLY
MODIFIED," OR "GENETIC MODIFICATION," AS  APPLIED  TO  ANY  HUMAN  FOOD,
MEANS  PRODUCED  FROM  OR  WITH  AN  ORGANISM OR ORGANISMS WITH GENETICS
ALTERED MATERIALLY THROUGH THE APPLICATION OF:

A. 3525--A                          4

  (I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING  BUT  NOT  LIMITED  TO
RECOMBINANT  DEOXYRIBONUCLEIC  ACID  (DNA)  TECHNIQUES  AND  THE  DIRECT
INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES, OR
  (II) FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOME NATURAL
PHYSIOLOGICAL  REPRODUCTIVE  OR  RECOMBINANT  BARRIERS  AND THAT ARE NOT
TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
  (D) "MANUFACTURER" MEANS A PERSON OR BUSINESS THAT  MAKES,  PROCESSES,
COMBINES, OR PACKAGES FOOD INGREDIENTS INTO A FINISHED FOOD PRODUCT.
  (E)  "MEDICAL  FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
ADMINISTERED INTERNALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE  OR  CONDITION
FOR  WHICH  DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED ON RECOGNIZED
SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
  (F) "PROCESSED FOOD" MEANS ANY FOOD  OTHER  THAN  A  RAW  AGRICULTURAL
COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
THAT  HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
  (G) "PROCESSING AID" MEANS:
  (I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING  OF  THE
FOOD  BUT  IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
IN ITS FINAL FORM;
  (II) A SUBSTANCE THAT  IS  ADDED  TO  A  FOOD  DURING  PROCESSING,  IS
CONVERTED  INTO  CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS FOUND IN THE FOOD;
OR
  (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL  OR  FUNC-
TIONAL  EFFECTS IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
INSIGNIFICANT LEVELS AND DOES  NOT  HAVE  ANY  TECHNICAL  OR  FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
  (H)  "RAW  AGRICULTURAL  COMMODITY"  MEANS ANY PLANT, ANIMAL, OR FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
  (I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING THE  FOOD
FROM INDIVIDUALS OR BUSINESSES TO THE END-USER.
  S  3.  Section  201  of  the agriculture and markets law is amended by
adding a new subdivision 15 to read as follows:
  15. (A) ANY FOOD OFFERED FOR RETAIL SALE IN NEW YORK IS MISBRANDED  IF
IT IS ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC
ENGINEERING AND THAT FACT IS NOT DISCLOSED AS FOLLOWS:
  (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED  OR LABELED, THE WORDS "GENETICALLY ENGINEERED" SHALL BE PLACED
ON THE CONTAINER USED FOR PACKAGING, HOLDING AND/OR TRANSPORT IN A CLEAR
AND CONSPICUOUS MANNER  BY  THE  MANUFACTURER,  AND  MAINTAINED  BY  THE
DISTRIBUTOR,  AND ON THE RETAIL STORE SHELF OR BIN IN WHICH SUCH COMMOD-
ITY IS DISPLAYED FOR SALE IN A  CLEAR  AND  CONSPICUOUS  MANNER  BY  THE
RETAILER.
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING,  THE  MANUFACTURER  MUST  LABEL THE PRODUCT, IN A CLEAR AND
CONSPICUOUS MANNER ON THE FRONT OR BACK OF THE  PACKAGE  OF  SUCH  FOOD,
WITH THE WORDS "PRODUCED WITH GENETIC ENGINEERING".
  (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY  RESPONSIBLE  FOR  PRODUCING THE SEED MUST LABEL THE SEED OR SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "GENETICALLY ENGINEERED".
  (B) THIS SUBDIVISION SHALL NOT BE  CONSTRUED  TO  REQUIRE  EITHER  THE
LISTING  OR  IDENTIFICATION  OF  ANY INGREDIENT OR INGREDIENTS THAT WERE

A. 3525--A                          5

GENETICALLY ENGINEERED, NOR THAT THE TERM  "GENETICALLY  ENGINEERED"  BE
PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT DESCRIP-
TOR OF A FOOD.
  (C)  ANY  PROCESSED  FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED BY GENETIC  ENGINEER-
ING  IS  NOT  MISBRANDED  PROVIDED  THAT THE ENGINEERED MATERIALS IN THE
AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE PERCENT OF THE
TOTAL WEIGHT OF THE PROCESSED FOOD.
  (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
  (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM,  AN  ANIMAL
THAT  HAS  NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC  ENGINEERING
OR  TREATED  WITH  ANY  DRUG  OR  VACCINE THAT HAS BEEN PRODUCED THROUGH
GENETIC ENGINEERING;
  (II) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE  OF  GENET-
ICALLY  ENGINEERED  SEED  OR  FOOD.  TO BE INCLUDED WITHIN THE EXCLUSION
UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR  COMPLYING  WITH  PARA-
GRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMOD-
ITY  OR FOOD MUST OBTAIN, FROM WHOEVER SOLD THE RAW AGRICULTURAL COMMOD-
ITY OR FOOD TO THAT PERSON, A SWORN STATEMENT THAT THE RAW  AGRICULTURAL
COMMODITY  OR  FOOD:  (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY GENET-
ICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM, AND  HAS  NOT  BEEN
KNOWINGLY  OR  INTENTIONALLY  COMMINGLED  WITH, FOODS THAT MAY HAVE BEEN
GENETICALLY ENGINEERED AT ANY TIME. IN PROVIDING SUCH A SWORN STATEMENT,
A PERSON MAY RELY ON A SWORN STATEMENT FROM HIS OR HER OWN SUPPLIER THAT
CONTAINS SUCH AN AFFIRMATION;
  (III) ANY PROCESSED FOOD THAT WOULD BE  SUBJECT  TO  THIS  SUBDIVISION
SOLELY  BECAUSE  ONE OR MORE PROCESSING AIDS OR ENZYMES WERE PRODUCED OR
DERIVED WITH GENETIC ENGINEERING;
  (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
HOLIC BEVERAGE CONTROL LAW;
  (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
OFFERED FOR SALE AS "ORGANIC" PURSUANT  TO  THE  FEDERAL  ORGANIC  FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
PROGRAM REGULATIONS PROMULGATED PURSUANT THERETO BY USDA;
  (VI) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (1) IS
A  PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
OR (2) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
FOOD SERVICE ESTABLISHMENT THAT IS PRIMARILY ENGAGED IN THE SALE OF FOOD
PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
  (VII) MEDICAL FOOD.
  (D) ANY PERSON, FIRM, CORPORATION, OR  OTHER  LEGAL  ENTITY  VIOLATING
THIS  SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND
MISBRANDING AS SET FORTH IN SECTION THREE HUNDRED  NINETY-TWO-B  OF  THE
GENERAL BUSINESS LAW.
  S  4.  This  act shall take effect eighteen months after it shall have
become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.