S T A T E O F N E W Y O R K
________________________________________________________________________
1517
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
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Introduced by M. of A. L. ROSENTHAL, GLICK, GUNTHER -- Multi-Sponsored
by -- M. of A. 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.
LBD00783-01-1
A. 1517 2
SHALL COMPLY WITH THE TYPE SIZE SPECIFICATIONS IN SECTION 101.105 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 to be made and
completed on or before such effective date.