NY State Senate Bill 2011-S3908

Senate Bill S3908

2011-2012 Legislative Session

Provides for the labeling of food or food products that contain a genetically modified material or that are produced with a genetically modified material

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to consumer protection
Mar 09, 2011	referred to consumer protection

2011-S3908 (ACTIVE) - Details

See Assembly Version of this Bill:: A1367
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-r, Gen Bus L; amd §§198 & 201, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2052, A500
2013-2014: S3835, A3525
2015-2016: S485, A617
2017-2018: S2072

2011-S3908 (ACTIVE) - Summary

Provides for the labeling of food or food products that contain a genetically modified material or that are produced with a genetically modified material; defines terms; imposes penalties for false labels and misbranding; sets forth exemptions.

2011-S3908 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3908

TITLE OF BILL:

An act
to amend the general business law and the agriculture and markets law,
in relation to the labeling of genetically modified foods

PURPOSE:

To require the labeling of genetically modified foods and other
consumable products made from genetically modified materials.

SUMMARY OF PROVISIONS:

This legislation adds a new Section 391-r to the General Business Law
requiring the labeling of genetically modified foods. The first
paragraph defines "genetically modified material", "genetically
modified organism" and "produced with a genetically modified
material" used with respect to food. The second paragraph prohibits
the manufacture, sale or distribution of food or food products
produced with or containing genetically modified material unless it
is clearly labeled.

The third paragraph provides for penalties "for false labels under the
general business law. The third section also provides an exemption

from mislabeling for agricultural producers not produced with or
containing a genetically modified material that may be contaminated
by genetically modified materials through no fault of the
agricultural producer.

The second section of this legislation adds to the Agriculture and
Markets Law the same definitions added in Section 1 to the General
Business Law.

Section 2 also provides for the misbranding of foods produced with or
containing a genetically modified material within the Agriculture and
Markets Law.

EXISTING LAW:

There are currently no provisions of law concerning the labeling of
foods containing or produced with genetically modified materials.

JUSTIFICATION:

In the past few years, genetic engineering has enabled the development
of new foods and crops.
Genetic engineering is a process which allows for the altering of the
genetic material contained in an organism to change the
characteristics the organism will display as it develops. The
introduction of these new genes is no longer limited to genes from
similar species, as the genes from animals or other plant species can
be added to create new character traits within a particular organism.
The genes are generally introduced into the cells of the organism
with the use of viruses, antibiotic-resistent genes, and bacteria.


The emergence of these new crops has initiated debate among
countries, scientists, farmers, and environmentalists.

A variety of plants are being grown that contain genetically modified
organisms, including corn, canola, cotton, wheat, apples and
strawberries. It has been estimated that 60-70% of packaged grocery
products contain some genetically modified organism ingredients.
Consumers should be provided the information necessary to make
informed decisions when choosing food products for their families.
This legislation requires that the information be provided through
product labeling requirement.

LEGISLATIVE HISTORY:

2009-10: S.2052
2007-08: S.3525
2005-06: S.1637
2004-04  S.1834
2001-02: S.3348

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the first day of January next succeeding
the day on which it shall have become a law.

2011-S3908 (ACTIVE) - Bill Text download pdf

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

                                  3908

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- 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-r to read as follows:
  S 391-R. 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:
  (I)  THE  ORGANISM FROM WHICH THE FOOD IS DERIVED HAS BEEN INJECTED OR
OTHERWISE TREATED WITH A GENETICALLY MODIFIED MATERIAL, EXCEPT THAT  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04678-01-1

S. 3908                             2

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;
  (II) THE ANIMAL FROM WHICH THE FOOD IS DERIVED  HAS  BEEN  FED  GENET-
ICALLY MODIFIED MATERIAL; AND

S. 3908                             3

  (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.

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