S T A T E O F N E W Y O R K
________________________________________________________________________
2447
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the labeling of
vaccines containing genetically modified organisms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2113 to read as follows:
S 2113. GENETICALLY MODIFIED VACCINES; REQUIRED LABELING AND NOTICE.
1. AS USED IN THIS SECTION, THE TERM:
(A) "GENETICALLY MODIFIED," "GENETIC MODIFICATION," "GENETICALLY ENGI-
NEERED," OR "GENETIC ENGINEERING" AS APPLIED TO ANY VACCINE, MEANS
PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS ALTERED
MATERIALLY THROUGH THE APPLICATION OF:
(I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) TECHNIQUES AND THE DIRECT
INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES, OR
(II) FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOME NATURAL
PHYSIOLOGICAL REPRODUCTIVE OR RECOMBINANT BARRIERS AND THAT ARE NOT
TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
(B) "MANUFACTURER" MEANS A PERSON OR BUSINESS THAT MAKES, PROCESSES,
COMBINES OR PACKAGES A VACCINE.
2. ANY VACCINE OFFERED IN NEW YORK IS MISBRANDED IF IT CONTAINS GENET-
ICALLY MODIFIED ORGANISMS PARTIALLY OR IN ITS ENTIRETY AND THAT FACT IS
NOT DISCLOSED.
3. IN THE CASE OF A GENETICALLY MODIFIED VACCINE, THE WORDS "GENET-
ICALLY MODIFIED" SHALL BE PLACED ON THE CONTAINER USED FOR PACKAGING,
HOLDING AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER BY THE
MANUFACTURER.
4. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE LISTING
OR IDENTIFICATION OF ANY INGREDIENT OR INGREDIENTS THAT WERE GENETICALLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04829-01-5
A. 2447 2
MODIFIED, NOR THAT THE TERM "GENETICALLY MODIFIED" BE PLACED IMMEDIATELY
PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT DESCRIPTOR OF A VACCINE.
5. IN THE CASE OF A GENETICALLY MODIFIED VACCINE, THE DOCTOR OR OTHER
INDIVIDUAL ADMINISTERING THE VACCINE SHALL NOTIFY THE RECIPIENT OF THE
GENETICALLY MODIFIED VACCINE PRIOR TO ADMINISTERING SAID VACCINE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.