S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1110
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, GLICK, GUNTHER -- Multi-Sponsored
   by -- M. of A.  LIFTON, LUPARDO, PERRY -- read once  and  referred  to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the agriculture and markets law, in relation to labeling
   and  sale  of  cloned animals and food products from cloned animals or
   the progeny of such animals
 
   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
 section 210-b to read as follows:
   § 210-B. LABELING OF FOOD PRODUCTS DERIVED FROM CLONED  ANIMALS.    1.
 ANY  PERSON WHO MANUFACTURES OR PROCESSES FOOD PRODUCTS, INCLUDING FRESH
 OR FROZEN MEAT, MEAT PREPARATIONS, MEAT BY-PRODUCTS,  POULTRY,  EGGS  OR
 OTHER  DAIRY  FOOD  OR  DAIRY  FOOD PRODUCTS FOR HUMAN CONSUMPTION SHALL
 INDICATE ON THE LABEL OF SUCH FOOD PRODUCTS WHEN PACKAGED, OR BY A  SIGN
 WHEN NOT PACKAGED, AS THE CASE MAY BE, THAT SUCH FOOD CONTAINS THE PROD-
 UCT OF A CLONED ANIMAL OR ITS PROGENY.
   2.  AN  IMPORTER  OF  FOOD PRODUCTS FROM OUT-OF-STATE MANUFACTURERS OR
 PROCESSORS OF FOOD FOR HUMAN CONSUMPTION THAT CONTAINS ANY PRODUCT  FROM
 A CLONED ANIMAL OR ITS PROGENY SHALL LABEL THE FOOD TO INDICATE THAT THE
 FOOD  INCLUDES  THE  PRODUCT  OF  A  CLONED ANIMAL OR ITS PROGENY IF THE
 IMPORTER HAS REASONABLE KNOWLEDGE THAT THE FOOD CONTAINS SUCH PRODUCT.
   3. ANY PERSON WHO PURCHASES OR OTHERWISE OBTAINS ANY FOOD PRODUCT  FOR
 HUMAN  CONSUMPTION  WHICH  IS  LABELED  SO  AS TO DISCLOSE THAT THE FOOD
 CONTAINS A PRODUCT FROM A CLONED ANIMAL OR ITS PROGENY, AND WHO  RESELLS
 SUCH  FOOD  PRODUCT  TO  ANOTHER  PERSON  SHALL  ENSURE THAT THE FOOD IS
 LABELED TO DISCLOSE THAT THE FOOD  CONTAINS  A  PRODUCT  FROM  A  CLONED
 ANIMAL OR ITS PROGENY.
   4.  THE  INFORMATION  ON  THE  LABEL REQUIRED PURSUANT TO THIS SECTION
 SHALL BE DISPLAYED IN A CONSPICUOUS AND EASILY LEGIBLE BOLDFACE PRINT OR
 TYPE THAT IS IN CLEAR CONTRAST TO OTHER MATTER ON THE PACKAGE. THE LABEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02508-01-9

 A. 1110                             2
 
 SHALL COMPLY WITH THE TYPE SIZE SPECIFICATIONS IN SECTION 101.105(I)  OF
 TITLE 21 OF THE CODE OF FEDERAL REGULATIONS.
   5.  FOR  PURPOSES  OF  THIS  SECTION,  THE FOLLOWING DEFINITIONS SHALL
 APPLY:
   (1) "CLONED ANIMAL" MEANS AN ANIMAL THAT ARISES DIRECTLY FROM A SOMAT-
 IC CELL NUCLEAR TRANSFER EVENT.
   (2) "LIVESTOCK PRODUCER" MEANS A PERSON WHO ENGAGES IN THE BUSINESS OF
 ANIMAL PRODUCTION, WHICH INCLUDES, BUT IS NOT  LIMITED  TO,  THE  BIRTH,
 RAISING,  FEEDING, WEANING, AND IDENTIFICATION OF A LIVE ANIMAL, AND WHO
 GENERALLY DOES NOT ENGAGE IN THE BUSINESS OF PREPARING ANY  ANIMAL  FOOD
 THAT  IS  DERIVED  IN  WHOLE  OR  IN  PART FROM AN ANIMAL CARCASS OR ITS
 PRODUCTS.
   (3) "PROGENY OF A CLONED ANIMAL" MEANS  AN  ANIMAL  DERIVED  FROM  THE
 SEXUAL  REPRODUCTION OF A CLONED ANIMAL WITH ANOTHER CLONED ANIMAL OR AN
 ANIMAL THAT IS NOT CLONED.
   (4) "REASONABLE KNOWLEDGE" MEANS  THE  IMPORTER  KNOWS  ABOUT  OR  HAS
 POSSESSION OF ANY DOCUMENT OR ADVERTISEMENT IN ANY MEDIUM THAT INDICATES
 THAT THE PRODUCT WAS DERIVED FROM A CLONED ANIMAL OR ITS PROGENY.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 358-b to read as follows:
   § 358-B. DISCLOSURE OF CLONED ANIMALS UPON SALE.  1.  EVERY  LIVESTOCK
 PRODUCER  WHO  SELLS OR TRANSFERS ANY CLONED ANIMAL OR ITS PROGENY SHALL
 DISCLOSE TO THE BUYER OR TRANSFEREE THAT THE ANIMAL IS CLONED OR IS  THE
 PROGENY OF A CLONED ANIMAL.
   2.  FOR  PURPOSES  OF  THIS  SECTION,  THE FOLLOWING DEFINITIONS SHALL
 APPLY:
   (A) "CLONED ANIMAL" MEANS AN ANIMAL THAT ARISES DIRECTLY FROM A SOMAT-
 IC CELL NUCLEAR TRANSFER EVENT.
   (B) "LIVESTOCK PRODUCER" MEANS A PERSON WHO ENGAGES IN THE BUSINESS OF
 ANIMAL PRODUCTION, WHICH INCLUDES, BUT IS NOT  LIMITED  TO,  THE  BIRTH,
 RAISING,  FEEDING, WEANING, AND IDENTIFICATION OF A LIVE ANIMAL, AND WHO
 GENERALLY DOES NOT ENGAGE IN THE BUSINESS OF PREPARING ANY  ANIMAL  FOOD
 THAT  IS  DERIVED  IN  WHOLE  OR  IN  PART FROM AN ANIMAL CARCASS OR ITS
 PRODUCTS.
   (C) "PROGENY OF A CLONED ANIMAL" MEANS  AN  ANIMAL  DERIVED  FROM  THE
 SEXUAL  REPRODUCTION OF A CLONED ANIMAL WITH ANOTHER CLONED ANIMAL OR AN
 ANIMAL THAT IS NOT CLONED.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.