S T A T E   O F   N E W   Y O R K
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                                  3025

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by M. of A. BENJAMIN, FINCH, ALFANO, RAIA, CLARK, EDDINGTON,
  JAFFEE, MAGNARELLI, SCHIMEL, ESPAILLAT -- Multi-Sponsored by -- M.  of
  A. BARRA, BROOK-KRASNY, COLTON, DelMONTE, DIAZ, ERRIGO, FIELDS, GLICK,
  HOOPER, LATIMER, McDONOUGH, MILLMAN, PEOPLES, REILLY, ROBINSON, SEMIN-
  ERIO, WEISENBERG, WRIGHT -- read once and referred to the Committee on
  Agriculture

AN ACT to amend the agriculture and markets law, in relation to labeling
  and  sale  of  cloned  or  genetically engineered meat, eggs and dairy
  products

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

  Section  1. The agriculture and markets law is amended by adding a new
section 210-b to read as follows:
  S 210-B. LABELING OF MEAT, EGGS AND DAIRY PRODUCTS.  1. ANY PERSON WHO
SELLS OR OFFERS FOR SALE IN THE SAME PLACE OF BUSINESS  OR  DISTRIBUTION
FRESH OR FROZEN MEAT, MEAT PREPARATIONS, MEAT BY-PRODUCTS, POULTRY, EGGS
OR  OTHER  DAIRY FOOD OR DAIRY FOOD PRODUCTS SHALL INDICATE ON THE LABEL
WHEN PACKAGED, OR BY A SIGN WHEN NOT PACKAGED, AS THE CASE MAY BE,  THAT
SUCH  PRODUCT IS "CLONE-FREE". FOR THE PURPOSES OF THIS SECTION, "CLONE-
FREE" MEANS THAT SUCH MEAT, MEAT PREPARATIONS, MEAT  BY-PRODUCTS,  POUL-
TRY, EGGS OR OTHER DAIRY FOOD OR DAIRY FOOD PRODUCTS ARE NOT THE PRODUCT
OF GENETIC ENGINEERING, OR FROM A CLONED ANIMAL OR ITS PROGENY.
  2.  SUCH  WORDS, WHEN MARKED ON A LABEL OR A SIGN, SHALL BE IN LETTERS
AT LEAST AS LARGE AS THE LETTERS OF THE  WORDS  ON  THE  LABEL  OR  SIGN
DESIGNATING  SUCH  MEAT,  MEAT  PREPARATIONS, MEAT BY-PRODUCTS, POULTRY,
EGGS OR OTHER DAIRY FOOD OR DAIRY FOOD PRODUCTS AS "FRESH" OR "FROZEN".
  3. ANY PERSON WHO SELLS OR OFFERS FOR SALE AS CLONE-FREE, AT WHOLESALE
OR RETAIL, ANY MEAT, MEAT PREPARATIONS, MEAT BY-PRODUCTS, POULTRY, EGGS,
OR OTHER DAIRY FOOD OR DAIRY FOOD PRODUCTS SHALL MAINTAIN  A  RECORD  OF
EACH  PURCHASE  FROM  A  PRODUCER,  DISTRIBUTOR, MANUFACTURER OR PACKER,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A BILL OF SALE,  AND  RETAIN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05577-01-9
              

A. 3025                             2

ALL  RECORDS WITH RESPECT TO THE ORIGIN OF SUCH MEAT, MEAT PREPARATIONS,
MEAT BY-PRODUCTS, POULTRY, EGGS  OR  OTHER  DAIRY  FOOD  OR  DAIRY  FOOD
PRODUCTS  FOR  A PERIOD OF TWO YEARS AFTER THE SALE TO WHICH THE RECORDS
RELATE,  AND  SHALL  MAKE  SUCH RECORDS AVAILABLE TO THE DEPARTMENT UPON
REQUEST.
  4. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION  SHALL  BE
PUNISHABLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A FIRST
VIOLATION; NOT MORE THAN FIVE THOUSAND DOLLARS FOR A  SECOND  VIOLATION;
AND  NOT  MORE  THAN TEN THOUSAND DOLLARS FOR A THIRD VIOLATION AND EACH
SUBSEQUENT VIOLATION THEREAFTER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.