NY State Senate Bill 2009-S3610

Senate Bill S3610

2009-2010 Legislative Session

Enacts provisions imposing a moratorium on the planting and growing of genetically modified crops in New York state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Mar 25, 2009	referred to agriculture

2009-S3610 (ACTIVE) - Details

See Assembly Version of this Bill:: A2166
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Ren Art 27 to be Art 29, add Art 27 §§450 - 453, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2117
2013-2014: A2299
2015-2016: A5116
2017-2018: A1795
2019-2020: A390
2021-2022: A3601

2009-S3610 (ACTIVE) - Summary

Enacts provisions imposing a five year moratorium on the planting and growing of genetically modified crops in New York state and the use of a marketing plan to promote New York state agricultural products; defines "genetically modified crops"; exempts such genetically modified crops planted and grown for the sole purpose of conducting research and not for sale.

2009-S3610 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3610

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
genetically modified crops


 PURPOSE :

The bill imposes a moratorium on the planting and growing of
genetically modified crops for a period of five years from the
enactment of the bill.

 SUMMARY OF PROVISIONS :

This legislation adds a new Article 27 to the agriculture and markets
law which would call for a moratorium on the planting of genetically
modified crops for a period of five years after the effective date of
this article.

An exemption for planting and growing genetically modified crops has
been made solely for research purposes. Crops grown for this purpose
are limited to indoor facilities or to outdoor plots of land that are
less than five acres. No one location shall exceed a combined total
often acres of land.

This legislation also requires the department of agriculture and
markets to prepare a marketing plan that uses the moratorium as a
promotional tool for New York State agricultural products.

 JUSTIFICATION :

Recently questions are accumulating about the safety of genetically
modified crops for human health and for the environment. More and
more, consumers and food companies are rejecting products containing
genetically modified organisms. Even farmers who grow traditional crop
varieties face the threat of contamination from rogue genes, due to
pollen drift or after harvest. A positive test for GMO's may render a
crop unmarketable.

New York State agricultural products have the highest reputation for
wholesomeness. This bill would protect our environment from possible
ill effects of genetically modified crops, such as the killing of
beneficial insects by artificially introduced toxins. The legislation
would give New York State consumers the confidence that local
agricultural products are free of genetically modified organisms.

 LEGISLATIVE HISTORY :

S.1397-A, (2003-04); S.3016 (2001-02); S.6899 (1999-00)

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2009-S3610 (ACTIVE) - Bill Text download pdf

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

                                  3610

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee 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. Article 27 and sections 450, 451, 452, 453, 454 and 455  of
the  agriculture  and  markets law, as renumbered by chapter 1047 of the
laws of 1965, are renumbered article 29 and sections 600, 601, 602, 603,
604 and 605 and a new article 27 is added to read as follows:
                               ARTICLE 27
                       GENETICALLY MODIFIED CROPS

SECTION 450. LEGISLATIVE FINDINGS.
        451. DEFINITIONS.
        452. PLANTING OF CROPS.
        453. MARKETING PLAN.
  S 450. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05606-01-9

S. 3610                             2

MODIFIED CROPS. THE LEGISLATURE FURTHER FINDS THAT FOODS  PRODUCED  FROM
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.
  S 451. 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.
  S 452. 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.
  S 453. MARKETING PLAN. THE DEPARTMENT SHALL PREPARE A  MARKETING  PLAN
THAT  USES THE MORATORIUM AS A PROMOTIONAL TOOL FOR NEW YORK STATE AGRI-
CULTURAL PRODUCTS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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