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

                                  7640

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A. P. RIVERA, PEOPLES, McENENY, COLTON, ORTIZ --
  Multi-Sponsored by -- M.  of A. CLARK, CROUCH, GUNTHER, HOYT,  JACOBS,
  LIFTON, LUPARDO, MILLMAN -- read once and referred to the Committee on
  Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  labeling requirements for seeds which are or include genetically engi-
  neered organisms

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

  Section  1.  Section 136 of the agriculture and markets law is amended
by adding two new subdivisions 22 and 23 to read as follows:
  22. THE TERM "MODERN BIOTECHNOLOGY" MEANS:
  (A) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING RECOMBINANT DEOXYRIBO-
NUCLEIC ACID (DNA) AND DIRECT INJECTION OF NUCLEIC ACID  INTO  CELLS  OR
ORGANELLES  THAT OVERCOME NATURAL PHYSIOLOGICAL REPRODUCTIVE OR RECOMBI-
NANT BARRIERS AND THAT ARE NOT TECHNIQUES USED IN  TRADITIONAL  BREEDING
AND  SELECTION.  SUCH  TECHNIQUES SHALL ALSO INCLUDE, BUT NOT BE LIMITED
TO, RECOMBINANT DEOXYRIBONUCLEIC ACID TECHNIQUES THAT USE VECTOR SYSTEMS
AND TECHNIQUES INVOLVING THE DIRECT INTRODUCTION INTO  THE  ORGANISM  OF
HEREDITARY  MATERIALS PREPARED OUTSIDE THE ORGANISM SUCH AS MICRO-INJEC-
TION, MACRO-INJECTION, CHEMOPORATION, MICRO-ENCAPSULATION  AND  LIPOSOME
FUSION.
  (B)  FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY, INCLUDING PROTOPLAST
FUSION OR HYBRIDIZATION TECHNIQUES, THAT OVERCOME NATURAL  PHYSIOLOGICAL
REPRODUCTIVE  OR  RECOMBINANT  BARRIERS  WHERE THE DONOR CELLS OR PROTO-
PLASTS DO NOT FALL WITHIN THE SAME TAXONOMIC FAMILY  AND  THAT  ARE  NOT
TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
  23.  THE  TERM  "GENETICALLY ENGINEERED ORGANISM" MEANS AN ORGANISM IN
WHICH THE GENETIC MATERIAL HAS BEEN CHANGED THROUGH MODERN BIOTECHNOLOGY
IN A WAY THAT DOES NOT OCCUR NATURALLY BY MULTIPLICATION AND/OR  NATURAL
RECOMBINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10783-01-9
              

A. 7640                             2

  S  2.  Section  137  of  the agriculture and markets law is amended by
adding a new subdivision I to read as follows:
  I.  FOR  ALL  SEEDS WHICH ARE OR INCLUDE GENETICALLY ENGINEERED ORGAN-
ISMS. THE FOLLOWING IN NOT LESS THAN TEN POINT TYPE:
  (1) THE WORDS "THESE ARE GENETICALLY ENGINEERED SEEDS".
  (2) THE IDENTITY OF THE RELEVANT TRAITS OR CHARACTERISTICS  INTRODUCED
INTO SUCH SEED USING MODERN BIOTECHNOLOGY.
  (3) ANY REQUIREMENTS FOR THE SAFE HANDLING, STORAGE, TRANSPORT AND USE
OF THE SEED.
  (4)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE MANUFACTURER OF THE
SEED.
  (5) THE NAME AND ADDRESS OF THE PERSON WHO LABELED SAID  SEED  OR  WHO
SELLS, OFFERS FOR SALE OR EXPOSES SAID SEED FOR SALE WITHIN THIS STATE.
  S  3.  The  opening  paragraph  of  section 139 of the agriculture and
markets law, as added by chapter 631 of the laws of 1955, is amended  to
read as follows:
  The provisions of this article [do], WITH THE EXCEPTION OF SUBDIVISION
I  OF  SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE, SHALL not apply
TO THE FOLLOWING:
  S 4. The three undesignated paragraphs of section 142 of the  agricul-
ture  and  markets law are designated subdivisions 1, 2 and 3, and a new
subdivision 4 is added to read as follows:
  4. THE COMMISSIONER SHALL PROMULGATE SUCH  RULES  AND  REGULATIONS  AS
SHALL  BE  NECESSARY  TO  IMPLEMENT  THE  PROVISIONS OF SUBDIVISION I OF
SECTION ONE HUNDRED THIRTY-SEVEN OF THIS  ARTICLE  IN  RELATION  TO  THE
LABELING OF SEEDS WHICH ARE OR INCLUDE GENETICALLY ENGINEERED ORGANISMS,
TAKING INTO CONSIDERATION: THE ORIGINS OF THE SEED, THE PRESENCE OF WEED
SEEDS,  MIXTURES,  HERMETICALLY  SEALED  CONTAINERS,  COATED SEEDS, CROP
SEEDS, GENETICALLY ENGINEERED  MATERIAL,  GENETICALLY  ENGINEERED  PLANT
PARTS, HYBRIDS, GERMINATION MEDIUM AND PRE-PLANTED CONTAINERS.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.