Assembly Bill A390

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    390
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04528-01-9

 A. 390                              2
 
 GENETICALLY MODIFIED CROPS ARE INCREASINGLY BEING REJECTED BY  DISTRIBU-
 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.