S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1795
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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.  The agriculture and markets law is amended by adding a new
 article 26-C to read as follows:
                               ARTICLE 26-C
                        GENETICALLY MODIFIED CROPS
 
 SECTION 420. LEGISLATIVE FINDINGS.
         421. DEFINITIONS.
         422. PLANTING OF CROPS.
         423. MARKETING PLAN.
   §  420.  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
 MODIFIED  CROPS.  THE LEGISLATURE FURTHER FINDS THAT FOODS PRODUCED FROM
 GENETICALLY MODIFIED CROPS ARE INCREASINGLY BEING REJECTED BY  DISTRIBU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03387-01-7

 A. 1795                             2
 
 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.
   § 421. 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.
   § 422. 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.
   § 423. MARKETING PLAN. THE DEPARTMENT SHALL PREPARE A  MARKETING  PLAN
 THAT  USES THE MORATORIUM AS A PROMOTIONAL TOOL FOR NEW YORK STATE AGRI-
 CULTURAL PRODUCTS.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.