S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5768

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, ALESSI, CAMARA, EDDINGTON, GLICK,
  GREENE, GUNTHER, JACOBS, KELLNER, KOON,  MAISEL,  MARKEY,  MILLMAN  --
  Multi-Sponsored  by  --  M. of A.   DESTITO, LATIMER, LIFTON, LUPARDO,
  MAGNARELLI, WEISENBERG -- 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:
  S 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06110-01-9

              

A. 5768                             2

  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
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.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 358-b to read as follows:
  S 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.
  S 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.