S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7644

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to enacting
  the "genetically engineered pharmaceutical and industrial crop act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "genetically engineered pharmaceutical and industrial crop act".
  S 2. The agriculture and markets law is amended by adding a new  arti-
cle 10-B to read as follows:
                               ARTICLE 10-B
                  GENETICALLY ENGINEERED PHARMACEUTICAL
                          AND INDUSTRIAL CROPS
SECTION 147-K. DEFINITIONS.
        147-L. PROHIBITION.
        147-M. PENALTIES.
        147-N. ENFORCEMENT.
  S 147-K. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "GENETICALLY ENGINEERED" SHALL MEAN THAT GENETIC MATERIAL HAS BEEN
CHANGED THROUGH MODERN BIOTECHNOLOGY  IN  A  WAY  THAT  DOES  NOT  OCCUR
NATURALLY BY MULTIPLICATION OR NATURAL RECOMBINATION.
  2. "INDUSTRIAL CROP" SHALL MEAN GENETICALLY ENGINEERED PLANTS THAT ARE
DESIGNED  TO  PRODUCE  INDUSTRIAL PRODUCTS, SUBSTANCES FOR USE IN INDUS-
TRIAL PRODUCTS, INDUSTRIAL  OR  RESEARCH  CHEMICALS,  OR  INDUSTRIAL  OR
RESEARCH ENZYMES.
  3. "MODERN BIOTECHNOLOGY" SHALL MEAN:
  A.  RECOMBINANT DEOXYRIBONUCLEIC ACID, THE DIRECT INJECTION OF NUCLEIC
ACID INTO CELLS OR ORGANELLES, AND OTHER IN  VITRO  NUCLEIC  ACID  TECH-
NIQUES;
  B. FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY, IF THE FUSION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10780-01-9

              

A. 7644                             2

  (1)  OVERCOMES  NATURAL  PHYSIOLOGICAL,  REPRODUCTIVE OR RECOMBINATION
BARRIERS, AND
  (2) IS NOT USED IN TRADITIONAL BREEDING AND SELECTION; AND
  C. ANY OTHER PROCESS WITHIN THE DEFINITION OF SUCH TERM ADOPTED BY THE
CODEX ALIMENTARIUS COMMISSION OF THE UNITED NATIONS FOOD AND AGRICULTURE
ORGANIZATION AND IN EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE.
  4. "PHARMACEUTICAL CROP" SHALL MEAN GENETICALLY ENGINEERED PLANTS THAT
ARE DESIGNED TO PRODUCE HUMAN OR VETERINARY DRUGS OR BIOLOGICS.
  S  147-L.  PROHIBITION.  NO  PERSON OR ENTITY SHALL GROW, RAISE, SELL,
TRANSPORT OR CULTIVATE ANY PHARMACEUTICAL CROP OR INDUSTRIAL CROP:
  1. IN AN OUTDOOR ENVIRONMENT;
  2. USING A PLANT SPECIES THAT IS COMMONLY GROWN FOR USE  AS  FOOD  FOR
HUMANS OR ANIMALS; OR
  3. IN AN INDOOR ENVIRONMENT OR LABORATORY THAT DOES NOT CONFORM TO THE
HIGHEST FEDERAL ANTI-CONTAMINATION STANDARDS FOR LABORATORIES AND FACIL-
ITIES THAT HANDLE BIO-HAZARDS.
  S  147-M. PENALTIES. ANY PERSON OR ENTITY THAT VIOLATES THE PROVISIONS
OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO
HUNDRED FIFTY THOUSAND DOLLARS AND NOT MORE THAN ONE MILLION DOLLARS.
  S 147-N. ENFORCEMENT. 1. THE ATTORNEY GENERAL SHALL, AT THE REQUEST OF
THE COMMISSIONER, OR MAY, ON HIS OR HER OWN INITIATIVE,  SEEK  EQUITABLE
RELIEF  TO  RESTRAIN ANY VIOLATION OR THREATENED VIOLATION OF THIS ARTI-
CLE.
  2. THE ATTORNEY GENERAL SHALL, AT THE REQUEST OF THE COMMISSIONER,  OR
MAY,  ON  HIS  OR  HER OWN INITIATIVE, AND ANY OTHER AGGRIEVED PARTY MAY
COMMENCE A  CIVIL ACTION TO RECOVER DAMAGES, INCLUDING PUNITIVE DAMAGES,
FOR ANY CLEAN UP COSTS AND RESTITUTION  COSTS  RELATED  TO  CONTAMINATED
FOOD  PRODUCTS  AND  ANY  DAMAGE  OR POTENTIAL DAMAGE TO THE ENVIRONMENT
CAUSED BY A VIOLATION OF THIS ARTICLE.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.