S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2473
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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
 states, and other key United States trading partners, have laws  mandat-
 ing disclosure of genetically engineered foods;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08735-01-9
              

 S. 2473                             2
 
   (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.
   § 2. The general business law is amended by adding a new section 391-u
 to read as follows:
   §  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. 2473                             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. 2473                             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. 2473                             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.
   §  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. 2473                             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.
   §  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. 2473                             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. 2473                             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.
   § 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.
   § 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.