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

                                  2052

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens. LAVALLE, FUSCHILLO, MORAHAN, PARKER, STACHOWSKI --
  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 modified foods

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S 391-Q. GENETICALLY MODIFIED FOODS; REQUIRED LABELING.  1. AS USED IN
THIS SECTION, THE TERM:
  (A) "GENETICALLY MODIFIED MATERIAL" MEANS MATERIAL  DERIVED  FROM  ANY
PART  OF  A GENETICALLY MODIFIED ORGANISM, WITHOUT REGARD TO WHETHER THE
ALTERED MOLECULAR  OR  CELLULAR  CHARACTERISTICS  OF  THE  ORGANISM  ARE
DETECTABLE IN THE MATERIAL.
  (B) "GENETICALLY MODIFIED ORGANISM" MEANS:
  (I)  AN  ORGANISM  THAT  HAS BEEN ALTERED AT THE MOLECULAR OR CELLULAR
LEVEL BY MEANS THAT ARE NOT POSSIBLE UNDER NATURAL CONDITIONS  OR  PROC-
ESSES,  INCLUDING  RECOMBINANT  DNA  AND  RNA  TECHNIQUES,  CELL FUSION,
MICROENCAPSULATION,  MACROENCAPSULATION,  GENE  DELETION  AND  DOUBLING,
INTRODUCTION OF A FOREIGN GENE, AND A PROCESS THAT CHANGES THE POSITIONS
OF  GENES, OTHER THAN A MEANS CONSISTING EXCLUSIVELY OF BREEDING, CONJU-
GATION, FERMENTATION, HYBRIDIZATION, IN VITRO FERTILIZATION,  OR  TISSUE
CULTURE; AND
  (II) AN ORGANISM MADE THROUGH SEXUAL OR ASEXUAL REPRODUCTION, OR BOTH,
INVOLVING  AN  ORGANISM DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH,
IF POSSESSING ANY OF THE ALTERED MOLECULAR OR  CELLULAR  CHARACTERISTICS
OF THE ORGANISM SO DESCRIBED.
  (C)  "PRODUCED WITH A GENETICALLY MODIFIED MATERIAL" USED WITH RESPECT
TO A FOOD, MEANS A FOOD IF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00033-01-9

              

S. 2052                             2

  (I) THE ORGANISM FROM WHICH THE FOOD IS DERIVED HAS BEEN  INJECTED  OR
OTHERWISE  TREATED WITH A GENETICALLY MODIFIED MATERIAL, EXCEPT THAT THE
USE OF MANURE AS A FERTILIZER FOR RAW AGRICULTURAL COMMODITIES  MAY  NOT
BE CONSTRUED TO BE PRODUCTION WITH A GENETICALLY MODIFIED MATERIAL;
  (II)  THE  ANIMAL  FROM  WHICH THE FOOD IS DERIVED HAS BEEN FED GENET-
ICALLY MODIFIED MATERIAL; AND
  (III) THE FOOD CONTAINS AN INGREDIENT THAT IS A FOOD TO WHICH SUBPARA-
GRAPH (I) OR (II) OF THIS PARAGRAPH APPLIES.
  2. NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY SHALL  MANUFAC-
TURE,  SELL  OR  DISTRIBUTE FOOD OR FOOD PRODUCTS PRODUCED WITH A GENET-
ICALLY MODIFIED MATERIAL, OR CONTAINING A GENETICALLY MODIFIED  MATERIAL
UNLESS  IT  BEARS  A  LABEL  OR  LABELING  UPON  WHICH  SHALL BE CLEARLY
IMPRINTED THE WORDS "THIS PRODUCT CONTAINS A GENETICALLY MODIFIED  MATE-
RIAL," OR "THIS PRODUCT WAS PRODUCED WITH A GENETICALLY MODIFIED MATERI-
AL".
  3.  (A) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY VIOLATING
THIS SECTION SHALL BE SUBJECT TO THE  PENALTIES  FOR  FALSE  LABELS  AND
MISBRANDING  AS  SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF THIS
ARTICLE UNLESS:
  (I) SUCH PERSON IS AN AGRICULTURAL PRODUCER AND THE  VIOLATION  OCCURS
BECAUSE  FOOD  THAT  IS  GROWN,  RAISED,  OR  OTHERWISE PRODUCED BY SUCH
PRODUCER, WHICH FOOD DOES NOT CONTAIN A  GENETICALLY  MODIFIED  MATERIAL
AND  WAS  NOT  PRODUCED WITH A GENETICALLY MODIFIED MATERIAL, IS CONTAM-
INATED WITH A FOOD THAT CONTAINS A GENETICALLY MODIFIED MATERIAL OR  WAS
PRODUCED  WITH  A  GENETICALLY MODIFIED MATERIAL INCLUDING CONTAMINATION
RESULTING FROM THE MINGLING OF FOODS; AND
  (II) SUCH CONTAMINATION IS NOT INTENDED BY THE AGRICULTURAL PRODUCER.
  (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO  AN  AGRICUL-
TURAL  PRODUCER TO THE EXTENT THAT SUCH CONTAMINATION OCCURS AS A RESULT
OF THE NEGLIGENCE OF SUCH PRODUCER.
  S 2. Section 198 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 12 to read as follows:
  12.  (A)  THE  TERM  "GENETICALLY  MODIFIED  MATERIAL"  MEANS MATERIAL
DERIVED FROM ANY PART OF A GENETICALLY MODIFIED ORGANISM, WITHOUT REGARD
TO WHETHER THE ALTERED MOLECULAR  OR  CELLULAR  CHARACTERISTICS  OF  THE
ORGANISM ARE DETECTABLE IN THE MATERIAL.
  (B) THE TERM "GENETICALLY MODIFIED ORGANISM" MEANS:
  (I)  AN  ORGANISM  THAT  HAS BEEN ALTERED AT THE MOLECULAR OR CELLULAR
LEVEL BY MEANS THAT ARE NOT POSSIBLE UNDER NATURAL CONDITIONS  OR  PROC-
ESSES,  INCLUDING  RECOMBINANT  DNA  AND  RNA  TECHNIQUES,  CELL FUSION,
MICROENCAPSULATION,  MACROENCAPSULATION,  GENE  DELETION  AND  DOUBLING,
INTRODUCTION  OF A FOREIGN GENE, AND A PROCESS THAT CHANGES THE POSITION
OF GENES, OTHER THAN A MEANS CONSISTING EXCLUSIVELY OF BREEDING,  CONJU-
GATION,  FERMENTATION,  HYBRIDIZATION, IN VITRO FERTILIZATION, OR TISSUE
CULTURE; AND
  (II) AN ORGANISM MADE THROUGH SEXUAL OR ASEXUAL REPRODUCTION, OR BOTH,
INVOLVING AN ORGANISM DESCRIBED IN SUBPARAGRAPH (I) OF  THIS  PARAGRAPH,
IF  POSSESSING  ANY OF THE ALTERED MOLECULAR OR CELLULAR CHARACTERISTICS
OF THE ORGANISM SO DESCRIBED.
  (C) THE TERM "PRODUCED WITH A  GENETICALLY  MODIFIED  MATERIAL,"  USED
WITH RESPECT TO A FOOD, MEANS A FOOD IF:
  (I)  THE  ORGANISM FROM WHICH THE FOOD IS DERIVED HAS BEEN INJECTED OR
OTHERWISE TREATED WITH A GENETICALLY MODIFIED MATERIAL, EXCEPT THAT  THE
USE  OF  MANURE AS A FERTILIZER FOR RAW AGRICULTURAL COMMODITIES MAY NOT
BE CONSTRUED TO BE PRODUCTION WITH A GENETICALLY MODIFIED MATERIAL;

S. 2052                             3

  (II) THE ANIMAL FROM WHICH THE FOOD IS DERIVED  HAS  BEEN  FED  GENET-
ICALLY MODIFIED MATERIAL; AND
  (III) THE FOOD CONTAINS AN INGREDIENT THAT IS A FOOD TO WHICH SUBPARA-
GRAPH (I) OR (II) OF THIS PARAGRAPH APPLIES.
  S  3.  Section  201  of  the agriculture and markets law is amended by
adding a new subdivision 15 to read as follows:
   15. IF IT CONTAINS A GENETICALLY MODIFIED MATERIAL, OR  WAS  PRODUCED
WITH  A GENETICALLY MODIFIED MATERIAL, UNLESS IT BEARS A LABEL OR LABEL-
ING UPON WHICH SHALL  BE  CLEARLY  IMPRINTED  THE  WORDS  "THIS  PRODUCT
CONTAINS A GENETICALLY MODIFIED MATERIAL," OR "THIS PRODUCT WAS PRODUCED
WITH A GENETICALLY MODIFIED MATERIAL".
  (A) NO PERSON SHALL BE IN VIOLATION OF THIS SECTION IF:
  (I)  SUCH  PERSON IS AN AGRICULTURAL PRODUCER AND THE VIOLATION OCCURS
BECAUSE FOOD THAT IS  GROWN,  RAISED,  OR  OTHERWISE  PRODUCED  BY  SUCH
PRODUCER,  WHICH  FOOD  DOES NOT CONTAIN A GENETICALLY MODIFIED MATERIAL
AND WAS NOT PRODUCED WITH A GENETICALLY MODIFIED  MATERIAL,  IS  CONTAM-
INATED  WITH A FOOD THAT CONTAINS A GENETICALLY MODIFIED MATERIAL OR WAS
PRODUCED WITH A GENETICALLY MODIFIED MATERIAL,  INCLUDING  CONTAMINATION
RESULTING FROM THE MINGLING OF FOODS; AND
  (II) SUCH CONTAMINATION IS NOT INTENDED BY THE AGRICULTURAL PRODUCER.
  (B)  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT APPLY TO AN AGRICUL-
TURAL PRODUCER TO THE EXTENT THAT SUCH CONTAMINATION OCCURS AS A  RESULT
OF THE NEGLIGENCE OF SUCH PRODUCER.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.