LBD02306-21-4
S. 7405 2
genetic engineering, typically derived from genetically engineered soy,
sugar beets, and/or corn. Consumers should be provided with the informa-
tion necessary to make informed decisions when choosing food to buy for
themselves and their families;
(f) Without disclosure, consumers with certain dietary restrictions
may unknowingly consume such food in violation of such dietary
restrictions;
(g) Preserving the identity, quality, and reliability of agricultural
products is of prime importance to our state's fiscal health;
(h) The cultivation of genetically engineered crops can cause serious
environmental impacts. For example, most genetically engineered crops
are designed to withstand weed-killing herbicides. Because genetically
engineered crops are more resistant to herbicides, their cultivation has
resulted in the application of millions of additional pounds of herbi-
cides to the nation's farmland. The massive increase in the use of
herbicides has led to the emergence of herbicide-resistant weeds, which
have infested farm fields and roadsides, complicating weed control for
farmers and encouraging the use of increasingly toxic and more dangerous
herbicides. Toxic herbicides damage the vitality of the soil, contam-
inate drinking water supplies, and pose health risks to consumers and
farm workers. New York consumers should have the ability to avoid
purchasing foods produced in ways that can lead to such environmental
harm;
(i) Conventional, non-organic farmers have a right to choose what
crops they grow and many conventional farmers want to grow traditional
crops developed without genetic engineering. Identifying seeds and seed
stock produced with genetic engineering would protect the farmers' right
to know what they are purchasing and protect their right to choose what
they grow;
(j) Identifying foods produced with genetic engineering will help
protect our state's export market because many of our trading partners
have bans on the import and cultivation of genetically engineered seed
and food as well as laws mandating the labeling of genetically engi-
neered seed and foods;
(k) It is the intent of this act to ensure that New York consumers and
farmers are fully and reliably informed about whether the food and seed
they purchase and eat were produced with genetic engineering so they may
choose for themselves whether to purchase and eat or use such food,
seed, and seed stock;
(l) It is the intent of this act to enable improved tracking of genet-
ically engineered food consumption and of any potential health impacts;
and
(m) It is the intent of this act only to regulate food for human
consumption offered for retail sale within New York state.
S 2. The general business law is amended by adding a new section 391-t
to read as follows:
S 391-T. GENETICALLY ENGINEERED FOODS; REQUIRED LABELING. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE TERM:
(A) "DEPARTMENT" MEANS THE STATE DEPARTMENT OF AGRICULTURE AND
MARKETS.
(B) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN ANY METHOD OF
DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM ONE PLACE TO
ANOTHER.
(C) "ENZYME" MEANS A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF
OTHER SUBSTANCES WITHOUT ITSELF BEING DESTROYED OR ALTERED UPON
COMPLETION OF THE REACTIONS.
S. 7405 3
(D) "GENETICALLY ENGINEERED," OR "GENETICALLY MODIFIED," OR ANY DERIV-
ATIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION,
MEANS PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS
ALTERED MATERIALLY THROUGH THE APPLICATION OF:
(I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) TECHNIQUES AND THE DIRECT
INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES; OR
(II) THE FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOMES
NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT BARRIERS AND THAT
ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE DIRECT
INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
THE ORGANISMS SUCH AS BIOLISTICS, MICROINJECTION, MACRO-INJECTION,
CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
(E) "MANUFACTURER" MEANS A PERSON OR BUSINESS ENGAGED IN THE
PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
(F) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
FOR WHICH DISTINCTIVE NUTRITIONAL REQUIREMENTS, BASED ON RECOGNIZED
SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
(G) "PROCESSED FOOD" MEANS ANY FOOD OTHER THAN A RAW AGRICULTURAL
COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
(H) "PROCESSING AID" MEANS:
(I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
IN ITS FINISHED FORM;
(II) A SUBSTANCE THAT IS ADDED TO A FOOD DURING PROCESSING, IS
CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
THE FOOD; OR
(III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
INSIGNIFICANT LEVELS AND DOES NOT HAVE ANY TECHNICAL OR FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
(I) "RAW AGRICULTURAL COMMODITY" MEANS ANY PLANT, ANIMAL, OR FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
(J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
INDIVIDUALS OR BUSINESSES TO THE END-USER.
2. LABELING OF GENETICALLY ENGINEERED FOODS. (A) ANY FOOD FOR HUMAN
CONSUMPTION OFFERED FOR RETAIL SALE IN NEW YORK IS MISBRANDED IF IT IS
ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY PRODUCED WITH GENETIC ENGI-
NEERING AND THAT FACT IS NOT DISCLOSED AS FOLLOWS:
(I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED OR LABELED, THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", OR "GMO",
OR DERIVATIVE OF THOSE PHRASES, SHALL BE PLACED ON THE CONTAINER USED
FOR PACKAGING, HOLDING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS
MANNER BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND
DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR
BIN IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER.
S. 7405 4
(II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND
CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
(III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE SEED OR SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE
PHRASES.
(B) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE LISTING
OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGINEERED,
NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER
DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE
OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR
PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
(C) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED WITH GENETIC ENGI-
NEERING IS NOT MISBRANDED PROVIDED THAT THE GENETICALLY ENGINEERED MATE-
RIALS IN THE AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE
PERCENT OF THE TOTAL WEIGHT OF THE PROCESSED FOOD.
(D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
(I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH GENETIC
ENGINEERING;
(II) A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED THAT HAS BEEN GROWN,
RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF
GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN THE EXCLUSION
UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING WITH THIS
SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMODITY, FOOD, OR SEED
MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY OR FOOD
OR SEED TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED ON AN
INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE RAW AGRICULTURAL
COMMODITY, FOOD, OR SEED: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY
GENETICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT
BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT MAY
HAVE BEEN GENETICALLY ENGINEERED. IN PROVIDING SUCH STATEMENT, THE
PERSON MAY RELY ON THE WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC
FORM, PROVIDED FROM HIS OR HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIR-
MATION;
(III) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
(IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
HOLIC BEVERAGE CONTROL LAW;
(V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ. AS AMENDED FROM TIME TO
TIME, AND THE NATIONAL ORGANIC PROGRAM REGULATIONS PROMULGATED PURSUANT
THERETO BY THE UNITED STATES DEPARTMENT OF AGRICULTURE;
(VI) FOOD THAT IS NOT PACKAGED FOR SALE AND THAT EITHER: (I) IS A
PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION OR
S. 7405 5
(II) IS SERVED, SOLD OR OTHERWISE PROVIDED IN ANY RESTAURANT, FOOD
FACILITY, OR FOOD RETAILER THAT IS ENGAGED IN THE SALE OF FOOD PREPARED
AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
(VII) MEDICAL FOOD.
3. RIGHT OF ACTION FOR VIOLATIONS. ANY PERSON, FIRM, CORPORATION, OR
OTHER LEGAL ENTITY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE PENAL-
TIES FOR FALSE LABELS AND MISREPRESENTATIONS AS SET FORTH IN SECTION
THREE HUNDRED NINETY-TWO-B OF THIS ARTICLE, PROVIDED HOWEVER THAT A
RETAILER SHALL NOT BE PENALIZED FOR THE FAILURE TO LABEL UNDER SECTION
THREE HUNDRED NINETY-TWO-B OF THIS ARTICLE UNLESS (A) THE RETAILER IS
THE MANUFACTURER OF THE GENETICALLY-ENGINEERED FOOD, SEED OR SEED STOCK
AND SELLS THE GENETICALLY-ENGINEERED FOOD UNDER A BRAND IT OWNS OR (B)
THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILFUL. IN AN ACTION IN
WHICH IT IS ALLEGED THAT A RETAILER HAS VIOLATED THE PROVISIONS OF THIS
SECTION, IT SHALL BE A DEFENSE THAT SUCH RETAILER RELIED ON (I) ANY
DISCLOSURE CONCERNING GENETICALLY-ENGINEERED FOODS RECEIVED PURSUANT TO
THIS SECTION OR (II) THE LACK OF ANY DISCLOSURE.
4. NOTICE OF VIOLATION. IN ANY CASE WHERE THERE HAS BEEN A FINAL
DETERMINATION BY THE DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS
OF THIS SECTION, THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC,
WITHOUT CHARGE, THE FOLLOWING INFORMATION:
(A) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
(B) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY THE
DEPARTMENT;
(C) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING NAME
OF THE PRODUCT; AND
(D) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
5. THIRD-PARTY PROTECTION; RELIANCE ON WRITTEN STATEMENT. A DISTRIBU-
TOR OR RETAILER THAT SELLS OR ADVERTISES FOOD OR SEED STOCK THAT IS
GENETICALLY ENGINEERED THAT FAILS TO MAKE THE DISCLOSURE REQUIRED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION, IS NOT SUBJECT TO LIABILITY IN
ANY CIVIL ACTION TO ENFORCE THIS SECTION IF THE DISTRIBUTOR OR RETAILER
RELIED ON THE WRITTEN STATEMENT UNDER SUBDIVISION TWO OF THIS SECTION
PROVIDED BY THE MANUFACTURER OR GROWER STATING THAT THE FOOD OR SEED
STOCK IS NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER THIS SECTION.
S 3. Section 198 of the agriculture and markets law is amended by
adding a new subdivision 12 to read as follows:
12. THE TERM: (A) "DISTRIBUTOR" MEANS A PERSON OR BUSINESS ENGAGED IN
ANY METHOD OF DISTRIBUTING OR TRANSPORTING A FOOD OR FOOD PRODUCT FROM
ONE PLACE TO ANOTHER.
(B) "ENZYME" MEANS A PROTEIN THAT CATALYZES CHEMICAL REACTIONS OF
OTHER SUBSTANCES WITHOUT ITSELF BEING DESTROYED OR ALTERED UPON
COMPLETION OF THE REACTIONS.
(C) "GENETICALLY ENGINEERED" OR "GENETICALLY MODIFIED," OR ANY DERIVA-
TIVE OF THOSE WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION, MEANS
PRODUCED FROM OR WITH AN ORGANISM OR ORGANISMS WITH GENETICS ALTERED
MATERIALLY THROUGH THE APPLICATION OF:
(I) IN VITRO NUCLEIC ACID TECHNIQUES, INCLUDING BUT NOT LIMITED TO
RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) OR RIBONUCLEIC ACID (RNA) TECH-
NIQUES, DIRECT INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES,
ENCAPSULATION, GENE DELETION, AND DOUBLING, OR
(II) THE FUSION OF CELLS BEYOND THE TAXONOMIC FAMILY THAT OVERCOME
NATURAL PHYSIOLOGICAL, REPRODUCTIVE, OR RECOMBINANT BARRIERS AND THAT
ARE NOT TECHNIQUES USED IN TRADITIONAL BREEDING AND SELECTION.
FOR PURPOSES OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, "IN VITRO NUCLEIC
ACID TECHNIQUES" INCLUDE, BUT ARE NOT LIMITED TO, RECOMBINANT DNA OR RNA
S. 7405 6
TECHNIQUES THAT USE VECTOR SYSTEMS, AND TECHNIQUES INVOLVING THE DIRECT
INTRODUCTION INTO THE ORGANISMS OF HEREDITARY MATERIALS PREPARED OUTSIDE
THE ORGANISMS SUCH AS BIOLISTICS, MICROINJECTION, MACRO-INJECTION,
CHEMOPORATION, ELECTROPORATION, MICROENCAPSULATION, AND LIPOSOME FUSION.
(D) "MANUFACTURER" MEANS A PERSON OR BUSINESS ENGAGED IN THE
PRODUCTION OR PROCESSING OF SEED, SEED STOCK, OR ANY FOOD PRODUCT.
(E) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
ADMINISTERED ENTERALLY UNDER THE SUPERVISION OF A PHYSICIAN AND THAT IS
INTENDED FOR THE SPECIFIC DIETARY MANAGEMENT OF A DISEASE OR CONDITION
FOR WHICH DISTINCTIVE NUTRITIONAL REQUIREMENTS, BASED ON RECOGNIZED
SCIENTIFIC PRINCIPLES, ARE ESTABLISHED BY MEDICAL EVALUATION.
(F) "PROCESSED FOOD" MEANS ANY FOOD OTHER THAN A RAW AGRICULTURAL
COMMODITY, INCLUDING ANY FOOD PRODUCED FROM A RAW AGRICULTURAL COMMODITY
THAT HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
(G) "PROCESSING AID" MEANS:
(I) A SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF SUCH
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
IN ITS FINISHED FORM;
(II) A SUBSTANCE THAT IS ADDED TO A FOOD DURING PROCESSING, IS
CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND DOES NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS FOUND NATURALLY IN
THE FOOD; OR
(III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED FOOD AT
INSIGNIFICANT LEVELS AND DOES NOT HAVE ANY TECHNICAL OR FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
(H) "RAW AGRICULTURAL COMMODITY" MEANS ANY PLANT, ANIMAL, OR FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD USE PURPOSES.
(I) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
INDIVIDUALS OR BUSINESSES TO THE END-USER.
S 4. Section 201 of the agriculture and markets law is amended by
adding a new subdivision 15 to read as follows:
15. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN NEW
YORK IS MISBRANDED IF IT IS ENTIRELY GENETICALLY ENGINEERED OR PARTIALLY
PRODUCED WITH GENETIC ENGINEERING AND THAT FACT IS NOT DISCLOSED AS
FOLLOWS:
(I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED OR LABELED, THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR
ANY OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR
DERIVATIVE OF THOSE PHRASES SHALL BE PLACED ON THE CONTAINER USED FOR
PACKAGING, HOLDING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER
BY THE MANUFACTURER, AND MAINTAINED BY THE DISTRIBUTOR, AND DISPLAYED IN
A CLEAR AND CONSPICUOUS MANNER ON THE RETAIL STORE SHELF OR BIN IN WHICH
SUCH COMMODITY IS FOR SALE BY THE RETAILER.
(II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND
CONSPICUOUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED
WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF THOSE WORDS, THE
INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE PHRASES.
(III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE SEED OR SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "PRODUCED WITH GENETIC ENGINEERING" OR ANY OTHER DERIVATIVE OF
S. 7405 7
THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR DERIVATIVE OF THOSE
PHRASES.
(B) THIS SUBDIVISION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE
LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE GENETICALLY ENGI-
NEERED, NOR THAT THE PHRASE "PRODUCED WITH GENETIC ENGINEERING" OR ANY
OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS "GE", "GM", "GMO", OR
DERIVATIVE OF THOSE PHRASES BE PLACED IMMEDIATELY PRECEDING ANY COMMON
NAME OR PRIMARY PRODUCT DESCRIPTOR OF A FOOD.
(C) ANY PROCESSED FOOD OR RAW AGRICULTURAL COMMODITY THAT WOULD BE
SUBJECT TO THIS SECTION SOLELY BECAUSE IT INCLUDES ONE OR MORE MATERIALS
PRODUCED WITH GENETIC ENGINEERING IS NOT MISBRANDED PROVIDED THAT THE
GENETICALLY ENGINEERED MATERIALS IN THE AGGREGATE DO NOT ACCOUNT FOR
MORE THAN NINE-TENTHS OF ONE PERCENT OF THE TOTAL WEIGHT OF THE PROC-
ESSED FOOD OR RAW AGRICULTURAL COMMODITY.
(D) THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
(I) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
THAT HAS NOT ITSELF BEEN GENETICALLY ENGINEERED, REGARDLESS OF WHETHER
THE ANIMAL HAS BEEN FED WITH ANY FOOD PRODUCED WITH GENETIC ENGINEERING
OR TREATED WITH ANY DRUG OR VACCINE THAT HAS BEEN PRODUCED WITH GENETIC
ENGINEERING;
(II) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF GENET-
ICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN THE EXCLUSION
UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING WITH PARA-
GRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMOD-
ITY OR FOOD MUST OBTAIN, FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMOD-
ITY OR FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH MAY BE INCLUDED
ON AN INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT THE RAW AGRICUL-
TURAL COMMODITY OR FOOD: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY
GENETICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT
BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE BEEN
GENETICALLY ENGINEERED. IN PROVIDING SUCH STATEMENT, A PERSON MAY RELY
ON A WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS OR
HER OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
(III) ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SUBDIVISION
SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
PRODUCTION WERE PRODUCED WITH OR DERIVED FROM GENETIC ENGINEERING;
(IV) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE ALCO-
HOLIC BEVERAGE CONTROL LAW;
(V) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED, AND
OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
PROGRAM REGULATIONS PROMULGATED PURSUANT THERETO BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE;
(VI) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (1) IS
A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
OR (2) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
FOOD FACILITY THAT IS ENGAGED IN THE SALE OF FOOD PREPARED AND INTENDED
FOR IMMEDIATE CONSUMPTION;
(VII) MEDICAL FOOD.
(E) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY VIOLATING
THIS SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND
MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
THE GENERAL BUSINESS LAW, PROVIDED HOWEVER THAT A RETAILER SHALL NOT BE
PENALIZED FOR THE FAILURE TO LABEL UNDER SECTION THREE HUNDRED
NINETY-TWO-B OF THE GENERAL BUSINESS LAW UNLESS (I) THE RETAILER IS THE
S. 7405 8
MANUFACTURER OF THE GENETICALLY-ENGINEERED FOOD, SEED OR SEED STOCK AND
SELLS THE GENETICALLY-ENGINEERED FOOD UNDER A BRAND IT OWNS OR (II) THE
RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILFUL. IN AN ACTION IN
WHICH IT IS ALLEGED THAT A RETAILER HAS VIOLATED THE PROVISIONS OF THIS
SECTION, IT SHALL BE A DEFENSE THAT SUCH RETAILER RELIED ON (1) ANY
DISCLOSURE CONCERNING GENETICALLY-ENGINEERED FOODS RECEIVED PURSUANT TO
THIS SECTION OR (2) THE LACK OF ANY DISCLOSURE.
S 5. Severability clause. If any provision of this act or its applica-
tion to any person, legal entity, or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons, legal entity or circumstances shall not be affected.
S 6. This act shall take effect twenty-four months after it shall have
become a law; provided, however, that effective immediately, the depart-
ment of agriculture and markets shall adopt any rules and regulations
necessary to implement this act, including, but not limited to, creating
and maintaining a list, which shall be made available to the public at
no cost, of raw agricultural commodities that are produced with genetic
engineering; provided, further, that the department of agriculture and
markets is not authorized to create any exemptions beyond those provided
for in paragraph (d) of subdivision 2 of section 391-t of the general
business law as added by section two of this act and paragraph (d) of
subdivision 15 of section 201 of the agriculture and markets law as
added by section four of this act; this act shall remain in effect until
such time as a comprehensive federal system requiring mandatory labeling
of foods and food products manufactured or produced using genetic engi-
neering is implemented, provided however that nothing contained herein
shall prevent the state from exercising any concurrent authority author-
ized by federal law; provided that the commissioner of agriculture and
markets shall notify the legislative bill drafting commission upon the
occurrence of the enactment of a comprehensive federal system requiring
mandatory labeling of foods and food products manufactured or produced
using genetic engineering in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.