Senate Bill S2491

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

                                  2491

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed 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
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

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

              

S. 2491                             2

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.