S T A T E O F N E W Y O R K
________________________________________________________________________
9802
I N A S S E M B L Y
May 22, 2014
___________
Introduced by M. of A. DINOWITZ, JAFFEE, GOTTFRIED, GALEF, TITONE,
ABINANTI, OTIS -- Multi-Sponsored by -- M. of A. SWEENEY -- read once
and referred to the Committee on Consumer Affairs and Protection
AN ACT relating to authorizing the creation of the New York state quali-
ty seafood certification program
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 as and may be cited as
the "New York state quality seafood certification program".
S 2. Legislative intent. The legislature hereby finds and declares
that fish misidentification and species substitution is a problem that
has a direct impact on New York consumers. A recently conducted study
discovered that nearly 40 percent of the fish being sold in New York
city was mislabeled and certain species tested were overwhelmingly misi-
dentified. Intentional mislabeling occurs when less desirable or less
expensive species of fish are intentionally substituted in place of more
expensive or more desirable fish species. In other instances, retailers,
distributors, restaurants, and consumers are unaware that the fish they
purchase is mislabeled or misidentified because distinctions between
fish, fish fillets, and shellfish of various species are often indistin-
guishable to the naked eye.
The legislature further finds that intentional or unintentional
species substitution, misidentification, or mislabeling, results in
negative economic, health, and environmental consequences, including
wholesalers, distributors, retailers, restaurants, and consumers paying
higher prices for less expensive or less desirable fish species.
The federal government and many private companies use deoxyribonucleic
acid (DNA) barcoding technology which provides an inexpensive and acces-
sible means to test samples of fish and determine the particular species
identification. Additionally, state governments, non-government organ-
izations, and private companies have developed and implemented tracea-
bility programs that can provide consumers with the knowledge and abili-
ty to track where the fish they consume comes from, the identity of the
fisherman who harvested the fish, the distributor who brought the fish
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15130-01-4
A. 9802 2
to market, and the method of fishing used to harvest commercial fish
species.
The legislature further finds that it is in the best interest of New
York consumers, distributors, and retailers to have a program available
that utilizes DNA barcoding identification techniques and includes
traceability measures in order to provide more certainty when buying,
selling, or consuming commercial food fish and shellfish.
S 3. Definitions. When used in this act, the following words shall
have the following meanings:
(1) "Deoxyribonucleic acid (DNA) barcoding" shall mean the process by
which a short gene sequence is taken from a particular standardized
portion of an organism's genome and is used to identify the species
through reference to DNA sequences documented in standardized libraries
or databases.
(2) "Commercial food fish" shall mean all species of fresh or saltwa-
ter fish and other forms of aquatic animal life, other than shellfish,
birds, and mammals caught or harvested, and intended for sale, or
resale, or distribution and are intended for human consumption, includ-
ing any edible human food products derived in whole or in part there-
from, including fish that have been processed in any manner.
(3) "Shellfish" shall mean any edible species of fresh or frozen
oysters, clams, mussels, scallops or crustaceans, or edible portions
thereof, intended for human consumption.
(4) "Traceability" shall mean the ability to trace and follow a
commercial food fish or shellfish, through all stages of production,
processing, and distribution.
S 4. New York state quality seafood certification program. (1) The
commissioner of agriculture and markets is authorized to develop the New
York state quality seafood certification program in order to create a
reliable method to identify and certify commercial food fish and shellf-
ish. Such program shall:
a. be developed with the intent to prevent fraud and safeguard public
health and safety in relation to commercial food fish and shellfish
offered for sale or sold at retail;
b. provide distributors, retailers, and restaurants that sell or serve
commercial food fish or shellfish a method of accurately identifying and
valuing such products;
c. utilize DNA barcoding or any other scientifically accepted stand-
ards to verify the identity of commercial food fish or shellfish;
d. use or reference federal, state, or private scientific libraries
for commercial food fish and shellfish species identification;
e. develop traceability standards that provide consumers, retailers,
and distributors with information related to such commercial food fish
or shellfish; and
f. develop an industry acceptable and food and drug administration
(FDA) compliant label or certification seal to be used by distributors
and retailers for certified commercial food fish or shellfish.
(2) Participation in this program shall be voluntary. All commercial
food fish or shellfish species sold under the New York state quality
certified seafood program must meet all certification standards, rules,
and regulations promulgated by the commissioner of agriculture and
markets.
(3) The commissioner of agriculture and markets may:
a. promulgate any rules or regulations necessary for the establishment
and implementation of the program and any other rules or regulations
necessary to promote participation in the program;
A. 9802 3
b. request and receive from any state or local authority, agency,
department or division of the state or political subdivision such
assistance, personnel, information, books, records, other documentation
and cooperation necessary to perform his or her duties; and
c. enter into cooperative agreements with other government offices to
efficiently carry out his or her work.
S 5. This act shall take effect immediately.