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

                                 3802--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law and the agriculture and markets
  law, in relation to the labeling of genetically engineered foods

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

  Section 1. Legislative findings and intent. The legislature finds that
New  York  state consumers have the right to know whether the foods they
purchase have been entirely genetically engineered or partially produced
with genetic engineering so they can make informed purchasing decisions.
Labeling is necessary to ensure that New York consumers  are  fully  and
reliably  informed about the products they purchase and consume. Further
the legislature finds that:
  (a) Currently, there is no federal law that requires food producers to
identify whether foods were produced with genetic  engineering.  At  the
same time, the United States Food and Drug Administration (FDA) does not
require safety studies of such foods. Unless these foods contain a known
allergen,  the  FDA does not require the developers of genetically engi-
neered foods to consult with the agency. Consultations with the FDA  are
entirely voluntary;
  (b)  Mandatory identification of foods produced with genetic engineer-
ing can provide a critical method for tracking any potential  short-term
and  long-term  health  effects of consuming foods produced with genetic
engineering;
  (c) Polls consistently show that the vast majority of the public wants
to know if their food has been produced with genetic engineering;
  (d) More than sixty countries, including Japan,  South  Korea,  China,
Australia,  New  Zealand,  Thailand,  Russia,  the European Union member

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08813-02-6
              

S. 3802--A                          2

states, and other key United States trading partners, have laws  mandat-
ing disclosure of genetically engineered foods;
  (e)  A variety of genetically engineered crops are commercially culti-
vated and sold in the United States, including  corn,  canola,  soybean,
cotton,  sugar  beets,  alfalfa,  and papaya. It has been estimated that
60-70% of packaged grocery products contain some materials produced with
genetic engineering, typically derived from genetically engineered  soy,
sugar beets, and/or corn. Consumers should be provided with the informa-
tion  necessary to make informed decisions when choosing food to buy for
themselves and their families;
  (f) Without disclosure, consumers with  certain  dietary  restrictions
may   unknowingly  consume  such  food  in  violation  of  such  dietary
restrictions;
  (g) Preserving the identity, quality, and reliability of  agricultural
products is of prime importance to our state's fiscal health;
  (h)  The cultivation of genetically engineered crops can cause serious
environmental impacts. For example, most  genetically  engineered  crops
are  designed  to withstand weed-killing herbicides. Because genetically
engineered crops are more resistant to herbicides, their cultivation has
resulted in the application of millions of additional pounds  of  herbi-
cides  to  the  nation's  farmland.  The  massive increase in the use of
herbicides has led to the emergence of herbicide-resistant weeds,  which
have  infested  farm fields and roadsides, complicating weed control for
farmers and encouraging the use of increasingly toxic and more dangerous
herbicides.  Toxic herbicides damage the vitality of the  soil,  contam-
inate  drinking  water  supplies, and pose health risks to consumers and
farm workers. New York  consumers  should  have  the  ability  to  avoid
purchasing  foods  produced  in ways that can lead to such environmental
harm;
  (i) Conventional, non-organic farmers have  a  right  to  choose  what
crops  they  grow and many conventional farmers want to grow traditional
crops developed without genetic engineering. Identifying seeds and  seed
stock produced with genetic engineering would protect the farmers' right
to  know what they are purchasing and protect their right to choose what
they grow;
  (j) Identifying foods produced  with  genetic  engineering  will  help
protect  our  state's export market because many of our trading partners
have bans on the import and cultivation of genetically  engineered  seed
and  food  as  well  as laws mandating the labeling of genetically engi-
neered seed and foods;
  (k) It is the intent of this act to ensure that New York consumers and
farmers are fully and reliably informed about whether the food and  seed
they purchase and eat were produced with genetic engineering so they may
choose  for  themselves  whether  to  purchase and eat or use such food,
seed, and seed stock;
  (l) It is the intent of this act to enable improved tracking of genet-
ically engineered food consumption and of any potential health  impacts;
and
  (m)  It  is  the  intent  of  this act only to regulate food for human
consumption offered for retail sale within New York state.
  S 2. The general business law is amended by adding a new section 391-u
to read as follows:
  S 391-U. GENETICALLY ENGINEERED FOODS; REQUIRED LABELING.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION, THE TERM:
  (A)  "DEPARTMENT"  MEANS  THE  STATE  DEPARTMENT  OF  AGRICULTURE  AND
MARKETS.

S. 3802--A                          3

  (B) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD  OF
DISTRIBUTING  OR  TRANSPORTING  A FOOD OR FOOD PRODUCT FROM ONE PLACE TO
ANOTHER.
  (C)  "ENZYME"  MEANS  A  PROTEIN  THAT CATALYZES CHEMICAL REACTIONS OF
OTHER  SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED   UPON
COMPLETION OF THE REACTIONS.
  (D) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV-
ATIVE  OF  THOSE  WORDS,  AS  APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION,
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)  THE  FUSION  OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOMES
NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT  BARRIERS  AND  THAT
ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
  FOR  PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE  DIRECT
INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
THE  ORGANISMS  SUCH  AS  BIOLISTICS,  MICROINJECTION,  MACRO-INJECTION,
CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
  (E)  "MANUFACTURER"  MEANS  A  PERSON  OR  BUSINESS  ENGAGED  IN   THE
PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
  (F)  "MEDICAL  FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT  IS
INTENDED  FOR  THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
FOR WHICH DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED  ON  RECOGNIZED
SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
  (G)  "PROCESSED  FOOD"  MEANS  ANY  FOOD OTHER THAN A RAW AGRICULTURAL
COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING,  PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
  (H) "PROCESSING AID" MEANS:
  (I)  A  SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
IN ITS FINISHED FORM;
  (II)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD DURING PROCESSING, IS
CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
THE FOOD; OR
  (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED  FOOD  AT
INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
  (I) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
  (J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
INDIVIDUALS OR BUSINESSES TO THE END-USER.
  2.  LABELING  OF  GENETICALLY ENGINEERED FOODS. (A) ANY FOOD FOR HUMAN
CONSUMPTION OFFERED FOR RETAIL SALE IN NEW YORK IS MISBRANDED IF  IT  IS
ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGI-
NEERING AND THAT FACT IS NOT DISCLOSED AS FOLLOWS:
  (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED  OR  LABELED,  THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR  "GMO",

S. 3802--A                          4

OR  DERIVATIVE  OF  THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED
FOR PACKAGING, HOLDING, AND/OR TRANSPORT  IN  A  CLEAR  AND  CONSPICUOUS
MANNER  BY  THE  MANUFACTURER,  AND  MAINTAINED  BY THE DISTRIBUTOR, AND
DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR
BIN IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER.
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING,  THE  MANUFACTURER  MUST  LABEL  THE  FOOD,  IN A CLEAR AND
CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF  THOSE  WORDS,  THE
INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
  (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY  RESPONSIBLE  FOR  PRODUCING THE SEED MUST LABEL THE SEED OR SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
THOSE WORDS, THE INITIALS "GE", "GM",  "GMO",  OR  DERIVATIVE  OF  THOSE
PHRASES.
  (B)  THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE LISTING
OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE  GENETICALLY  ENGINEERED,
NOR  THAT  THE  PHRASE  "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER
DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE
OF THOSE PHRASES BE PLACED IMMEDIATELY  PRECEDING  ANY  COMMON  NAME  OR
PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
  (C)  ANY  PROCESSED  FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED  WITH  GENETIC  ENGI-
NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE-
RIALS  IN  THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE
PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD.
  (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
  (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM,  AN  ANIMAL
THAT  HAS  NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC  ENGINEERING
OR  TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH GENETIC
ENGINEERING;
  (II) A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED THAT HAS BEEN  GROWN,
RAISED,  PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF
GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN THE EXCLUSION
UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE  FOR  COMPLYING  WITH  THIS
SUBDIVISION  WITH RESPECT TO A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED
MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY  OR  FOOD
OR SEED TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED ON AN
INVOICE  THAT  MAY  BE  IN AN ELECTRONIC FORM, THAT THE RAW AGRICULTURAL
COMMODITY, FOOD, OR SEED: (1) HAS NOT BEEN  KNOWINGLY  OR  INTENTIONALLY
GENETICALLY  ENGINEERED;  AND  (2) HAS BEEN SEGREGATED FROM, AND HAS NOT
BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT  MAY
HAVE  BEEN  GENETICALLY  ENGINEERED.  IN  PROVIDING  SUCH STATEMENT, THE
PERSON MAY RELY ON THE WRITTEN STATEMENT, WHICH MAY BE IN AN  ELECTRONIC
FORM, PROVIDED FROM HIS OR HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIR-
MATION;
  (III)  ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE ONE OR MORE OF THE  PROCESSING  AIDS  OR  ENZYMES  USED  IN  ITS
PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
  (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
HOLIC BEVERAGE CONTROL LAW;
  (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
OFFERED  FOR  SALE  AS  "ORGANIC"  PURSUANT TO THE FEDERAL ORGANIC FOODS

S. 3802--A                          5

PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM  TIME  TO
TIME,  AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED PURSUANT
THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE;
  (VI)  FOOD  THAT  IS  NOT  PACKAGED FOR SALE AND THAT EITHER: (I) IS A
PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION  OR
(II)  IS  SERVED,  SOLD  OR  OTHERWISE  PROVIDED IN ANY RESTAURANT, FOOD
FACILITY, OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD  PREPARED
AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
  (VII) MEDICAL FOOD.
  3.  RIGHT  OF ACTION FOR VIOLATIONS. ANY PERSON, FIRM, CORPORATION, OR
OTHER LEGAL ENTITY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE PENAL-
TIES FOR FALSE LABELS AND MISREPRESENTATIONS AS  SET  FORTH  IN  SECTION
THREE  HUNDRED  NINETY-TWO-B  OF  THIS  ARTICLE, PROVIDED HOWEVER THAT A
RETAILER SHALL NOT BE PENALIZED FOR THE FAILURE TO LABEL  UNDER  SECTION
THREE  HUNDRED  NINETY-TWO-B  OF THIS ARTICLE UNLESS (A) THE RETAILER IS
THE MANUFACTURER OF THE GENETICALLY-ENGINEERED FOOD, SEED OR SEED  STOCK
AND  SELLS  THE GENETICALLY-ENGINEERED FOOD UNDER A BRAND IT OWNS OR (B)
THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILFUL. IN AN ACTION  IN
WHICH  IT IS ALLEGED THAT A RETAILER HAS VIOLATED THE PROVISIONS OF THIS
SECTION, IT SHALL BE A DEFENSE THAT SUCH  RETAILER  RELIED  ON  (I)  ANY
DISCLOSURE  CONCERNING GENETICALLY-ENGINEERED FOODS RECEIVED PURSUANT TO
THIS SECTION OR (II) THE LACK OF ANY DISCLOSURE.
  4. NOTICE OF VIOLATION. IN ANY CASE  WHERE  THERE  HAS  BEEN  A  FINAL
DETERMINATION BY THE DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS
OF  THIS  SECTION,  THE  DEPARTMENT  SHALL MAKE AVAILABLE TO THE PUBLIC,
WITHOUT CHARGE, THE FOLLOWING INFORMATION:
  (A) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
  (B) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY  THE
DEPARTMENT;
  (C) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING NAME
OF THE PRODUCT; AND
  (D) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
  5.  THIRD-PARTY PROTECTION; RELIANCE ON WRITTEN STATEMENT. A DISTRIBU-
TOR OR RETAILER THAT SELLS OR ADVERTISES FOOD  OR  SEED  STOCK  THAT  IS
GENETICALLY ENGINEERED THAT FAILS TO MAKE THE DISCLOSURE REQUIRED PURSU-
ANT  TO  SUBDIVISION TWO OF THIS SECTION, IS NOT SUBJECT TO LIABILITY IN
ANY CIVIL ACTION TO ENFORCE THIS SECTION IF THE DISTRIBUTOR OR  RETAILER
RELIED  ON  THE  WRITTEN STATEMENT UNDER SUBDIVISION TWO OF THIS SECTION
PROVIDED BY THE MANUFACTURER OR GROWER STATING THAT  THE  FOOD  OR  SEED
STOCK IS NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER THIS SECTION.
  S  3.  Section  198  of  the agriculture and markets law is amended by
adding a new subdivision 12 to read as follows:
  12. THE TERM:  (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN
ANY METHOD OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD  PRODUCT  FROM
ONE PLACE TO ANOTHER.
  (B)  "ENZYME"  MEANS  A  PROTEIN  THAT CATALYZES CHEMICAL REACTIONS OF
OTHER  SUBSTANCES  WITHOUT  ITSELF  BEING  DESTROYED  OR  ALTERED   UPON
COMPLETION OF THE REACTIONS.
  (C) "GENETICALLY ENGINEERED" OR "GENETICALLY MODIFIED," OR ANY DERIVA-
TIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION, 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) OR RIBONUCLEIC ACID (RNA) TECH-
NIQUES, DIRECT INJECTION OF  NUCLEIC  ACID  INTO  CELLS  OR  ORGANELLES,
ENCAPSULATION, GENE DELETION, AND DOUBLING, OR

S. 3802--A                          6

  (II)  THE  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.
  FOR  PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE  DIRECT
INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
THE  ORGANISMS  SUCH  AS  BIOLISTICS,  MICROINJECTION,  MACRO-INJECTION,
CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
  (D)  "MANUFACTURER"  MEANS  A  PERSON  OR  BUSINESS  ENGAGED  IN   THE
PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
  (E)  "MEDICAL  FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT  IS
INTENDED  FOR  THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
FOR WHICH DISTINCTIVE  NUTRITIONAL  REQUIREMENTS,  BASED  ON  RECOGNIZED
SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
  (F)  "PROCESSED  FOOD"  MEANS  ANY  FOOD OTHER THAN A RAW AGRICULTURAL
COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING,  PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
  (G) "PROCESSING AID" MEANS:
  (I)  A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF SUCH
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
IN ITS FINISHED FORM;
  (II)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD DURING PROCESSING, IS
CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS FOUND NATURALLY IN
THE FOOD; OR
  (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED  FOOD  AT
INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
  (H) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
  (I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
INDIVIDUALS OR BUSINESSES TO THE END-USER.
  S  4.  Section  201  of  the agriculture and markets law is amended by
adding a new subdivision 15 to read as follows:
  15. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN  NEW
YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY
PRODUCED  WITH  GENETIC  ENGINEERING  AND  THAT FACT IS NOT DISCLOSED AS
FOLLOWS:
  (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED OR LABELED, THE WORDS "PRODUCED WITH  GENETIC  ENGINEERING"  OR
ANY  OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR
DERIVATIVE OF THOSE PHRASES SHALL BE PLACED ON THE  CONTAINER  USED  FOR
PACKAGING,  HOLDING,  AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER
BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND DISPLAYED IN
A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR BIN IN WHICH
SUCH COMMODITY IS FOR SALE BY THE RETAILER.
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING, THE MANUFACTURER MUST  LABEL  THE  FOOD,  IN  A  CLEAR  AND
CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
WITH  GENETIC  ENGINEERING"  OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.

S. 3802--A                          7

  (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE  SEED  OR  SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
THOSE  WORDS,  THE  INITIALS  "GE",  "GM", "GMO", OR DERIVATIVE OF THOSE
PHRASES.
  (B) THIS SUBDIVISION SHALL NOT BE  CONSTRUED  TO  REQUIRE  EITHER  THE
LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGI-
NEERED,  NOR  THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY
OTHER DERIVATIVE OF THOSE WORDS, THE  INITIALS  "GE",  "GM",  "GMO",  OR
DERIVATIVE  OF  THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON
NAME OR PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
  (C) ANY PROCESSED FOOD OR RAW AGRICULTURAL  COMMODITY  THAT  WOULD  BE
SUBJECT TO THIS SECTION SOLELY BECAUSE IT INCLUDES ONE OR MORE MATERIALS
PRODUCED  WITH  GENETIC  ENGINEERING IS NOT MISBRANDED PROVIDED THAT THE
GENETICALLY ENGINEERED MATERIALS IN THE AGGREGATE  DO  NOT  ACCOUNT  FOR
MORE  THAN  NINE-TENTHS  OF ONE PERCENT OF THE TOTAL WEIGHT OF THE PROC-
ESSED FOOD OR RAW AGRICULTURAL COMMODITY.
  (D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
  (I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM,  AN  ANIMAL
THAT  HAS  NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC  ENGINEERING
OR  TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH GENETIC
ENGINEERING;
  (II) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE  OF  GENET-
ICALLY  ENGINEERED  SEED  OR  FOOD.  TO BE INCLUDED WITHIN THE EXCLUSION
UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR  COMPLYING  WITH  PARA-
GRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMOD-
ITY OR FOOD MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMOD-
ITY  OR  FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED
ON AN INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE  RAW  AGRICUL-
TURAL  COMMODITY  OR  FOOD:  (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY
GENETICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM,  AND  HAS  NOT
BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE BEEN
GENETICALLY  ENGINEERED.  IN PROVIDING SUCH STATEMENT, A PERSON MAY RELY
ON A WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS  OR
HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
  (III)  ANY  PROCESSED  FOOD  THAT WOULD BE SUBJECT TO THIS SUBDIVISION
SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
  (IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
HOLIC BEVERAGE CONTROL LAW;
  (V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
OFFERED FOR SALE AS "ORGANIC" PURSUANT  TO  THE  FEDERAL  ORGANIC  FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
PROGRAM  REGULATIONS  PROMULGATED  PURSUANT THERETO BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE;
  (VI) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (1) IS
A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN  CONSUMPTION;
OR (2) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
FOOD  FACILITY THAT IS ENGAGED IN THE SALE OF FOOD PREPARED AND INTENDED
FOR IMMEDIATE CONSUMPTION;
  (VII) MEDICAL FOOD.

S. 3802--A                          8

  (E) ANY PERSON, FIRM, CORPORATION, OR  OTHER  LEGAL  ENTITY  VIOLATING
THIS  SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND
MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
THE GENERAL BUSINESS LAW, PROVIDED HOWEVER THAT A RETAILER SHALL NOT  BE
PENALIZED   FOR  THE  FAILURE  TO  LABEL  UNDER  SECTION  THREE  HUNDRED
NINETY-TWO-B OF THE GENERAL BUSINESS LAW UNLESS (I) THE RETAILER IS  THE
MANUFACTURER  OF THE GENETICALLY-ENGINEERED FOOD, SEED OR SEED STOCK AND
SELLS THE GENETICALLY-ENGINEERED FOOD UNDER A BRAND IT OWNS OR (II)  THE
RETAILER'S  FAILURE  TO  LABEL  WAS  KNOWING AND WILFUL. IN AN ACTION IN
WHICH IT IS ALLEGED THAT A RETAILER HAS VIOLATED THE PROVISIONS OF  THIS
SECTION,  IT  SHALL  BE  A  DEFENSE THAT SUCH RETAILER RELIED ON (1) ANY
DISCLOSURE CONCERNING GENETICALLY-ENGINEERED FOODS RECEIVED PURSUANT  TO
THIS SECTION OR (2) THE LACK OF ANY DISCLOSURE.
  S 5. Severability clause. If any provision of this act or its applica-
tion  to  any person, legal entity, or circumstance is held invalid, the
remainder of the act or  the  application  of  the  provision  to  other
persons, legal entity or circumstances shall not be affected.
  S 6. This act shall take effect twenty-four months after it shall have
become a law; provided, however, that effective immediately, the depart-
ment  of  agriculture  and markets shall adopt any rules and regulations
necessary to implement this act, including, but not limited to, creating
and maintaining a list, which shall be made available to the  public  at
no  cost, of raw agricultural commodities that are produced with genetic
engineering; provided, further, that the department of  agriculture  and
markets is not authorized to create any exemptions beyond those provided
for  in  paragraph  (d) of subdivision 2 of section 391-u of the general
business law as added by section two of this act and  paragraph  (d)  of
subdivision  15  of  section  201  of the agriculture and markets law as
added by section four of this act; this act shall remain in effect until
such time as a comprehensive federal system requiring mandatory labeling
of foods and food products manufactured or produced using genetic  engi-
neering  is  implemented, provided however that nothing contained herein
shall prevent the state from exercising any concurrent authority author-
ized by federal law; provided that the commissioner of  agriculture  and
markets  shall  notify the legislative bill drafting commission upon the
occurrence of the enactment of a comprehensive federal system  requiring
mandatory  labeling  of foods and food products manufactured or produced
using genetic engineering in order that the commission may  maintain  an
accurate and timely effective data base of the official text of the laws
of  the  state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and  section  70-b  of  the  public
officers law.