Assembly Bill A2299

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

                                  2299

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Agriculture

AN  ACT  to amend the agriculture and markets law, in relation to genet-
  ically modified crops

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

  Section  1. Article 27 and sections 450, 451, 452, 453, 454 and 455 of
the agriculture and markets law, as renumbered by chapter  1047  of  the
laws of 1965, are renumbered article 29 and sections 600, 601, 602, 603,
604 and 605 and a new article 27 is added to read as follows:
                               ARTICLE 27
                       GENETICALLY MODIFIED CROPS

SECTION 450. LEGISLATIVE FINDINGS.
        451. DEFINITIONS.
        452. PLANTING OF CROPS.
        453. MARKETING PLAN.
  S  450.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS THAT GENETICALLY
MODIFIED CROPS POSE RISKS OF UNKNOWN DIMENSION TO HUMAN HEALTH  AND  THE
ENVIRONMENT, AND THAT DRAMATIC INCREASES IN THE PLANTING AND CONSUMPTION
OF  SUCH  CROPS OVER THE PAST SEVERAL YEARS HAVE FAR OUTPACED OUR UNDER-
STANDING OF THEIR IMMEDIATE AND LONG-TERM EFFECTS. FURTHERMORE,  BECAUSE
THE  EXCHANGE OF GENETIC MATERIAL BETWEEN GENETICALLY MODIFIED CROPS AND
CONVENTIONAL CROPS, WILD PLANTS, AND ORGANISMS IS KNOWN TO OCCUR, GENET-
ICALLY MODIFIED MATERIAL AND ANY ADVERSE CHARACTERISTICS IT  CONFERS  OR
PROMOTES  CAN  BE  IRREVOCABLY DISPERSED INTO THE WIDER ENVIRONMENT. THE
LIST OF POTENTIAL HAZARDS OF CONCERN INCLUDES BUT IS NOT LIMITED TO: THE
DEVELOPMENT OF INSECT AND WEED RESISTANCE TO PESTICIDES; INJURY OR DEATH
OF NON-TARGET SPECIES; CROP  LOSS  FROM  SEEDS  THAT  DO  NOT  YIELD  AS
EXPECTED  OR  THAT  PRODUCE  CROPS  WITH UNEXPECTED CHARACTERISTICS; AND
ALLERGENICITY, TOXICITY, OR DECREASED NUTRITIONAL VALUE  OF  GENETICALLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05852-01-3
              

A. 2299                             2

MODIFIED  CROPS.  THE LEGISLATURE FURTHER FINDS THAT FOODS PRODUCED FROM
GENETICALLY MODIFIED CROPS ARE INCREASINGLY BEING REJECTED BY  DISTRIBU-
TORS,  PROCESSORS,  RETAILERS  AND  CONSUMERS ALIKE IN BOTH DOMESTIC AND
INTERNATIONAL  MARKETS.  THE GROWTH OF GENETICALLY MODIFIED CROPS IN NEW
YORK STATE THUS PLACES ALL STATE FARMERS AT  RISK  IN  THE  MARKETPLACE.
THOSE  WHO  INTENTIONALLY PLANT GENETICALLY MODIFIED CROPS AND KNOWINGLY
ACCEPT THE MARKETPLACE RISK ALSO PLACE AT RISK THOSE WHO  PLANT  CONVEN-
TIONAL  CROPS,  WHICH CAN BE UNINTENTIONALLY CONTAMINATED BY GENETICALLY
MODIFIED CROPS. A MORATORIUM ON THE PLANTING AND GROWING OF  GENETICALLY
MODIFIED  CROPS IN NEW YORK STATE WILL ENHANCE THE VALUE AND PROTECT THE
REPUTATION OF NEW  YORK  STATE'S  AGRICULTURAL  PRODUCTS,  CONFERRING  A
SIGNIFICANT  MARKETING ADVANTAGE WHILE PRESERVING THE STATE'S ECOLOGICAL
HEALTH. FOR THESE REASONS, THE LEGISLATURE ESTABLISHES A  MORATORIUM  ON
THE  PLANTING  AND  GROWING  OF  GENETICALLY  MODIFIED CROPS IN NEW YORK
STATE.
  S 451. DEFINITIONS. AS USED  IN  THIS  ARTICLE  "GENETICALLY  MODIFIED
CROPS"  SHALL  MEAN  CROPS  PRODUCED  FROM PLANT VARIETIES CREATED USING
TECHNIQUES THAT ALTER THE MOLECULAR OR CELL BIOLOGY OF  AN  ORGANISM  BY
MEANS  THAT  ARE  NOT  POSSIBLE  UNDER  NATURAL CONDITIONS OR PROCESSES.
GENETIC MODIFICATION SHALL INCLUDE RECOMBINANT DNA, CELL FUSION,  MICRO-
AND  MACRO-ENCAPSULATION,  GENE DELETION AND DOUBLING, INTRODUCTION OF A
FOREIGN GENE, AND GENE REPOSITIONING. IT SHALL NOT INCLUDE  CROP  BREED-
ING, CONJUGATION, FERMENTATION, HYBRIDIZATION, AND TISSUE CULTURE.
  S 452. PLANTING OF CROPS. NO GENETICALLY MODIFIED CROPS MAY BE PLANTED
OR  GROWN  IN  THE  STATE FOR A PERIOD OF FIVE YEARS AFTER THE EFFECTIVE
DATE OF THIS ARTICLE. THIS SECTION SHALL NOT APPLY TO PLANTING AND GROW-
ING GENETICALLY MODIFIED CROPS SOLELY  FOR  THE  PURPOSE  OF  CONDUCTING
RESEARCH AND NOT FOR SALE, USE OR CONSUMPTION BY THE PUBLIC. GROWING AND
PLANTING OF GENETICALLY MODIFIED CROPS FOR RESEARCH PURPOSES SHALL BE IN
AN  ENCLOSED  FACILITY  OR ON AN OUTDOOR PLOT OF LAND NOT MORE THAN FIVE
ACRES AT LEAST SIX HUNDRED SIXTY FEET FROM ANY OTHER PLOT USED  FOR  THE
PLANTING  AND  GROWING OF CROPS. NO ONE LOCATION SHALL EXCEED A COMBINED
TOTAL OF TEN ACRES OF LAND FOR PLANTING AND GROWING OF GENETICALLY MODI-
FIED CROPS.
  S 453. MARKETING PLAN. THE DEPARTMENT SHALL PREPARE A  MARKETING  PLAN
THAT  USES THE MORATORIUM AS A PROMOTIONAL TOOL FOR NEW YORK STATE AGRI-
CULTURAL PRODUCTS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.