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

                                  3525

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Consumer Affairs and 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-s to read as follows:
  S 391-S. 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.
                                                           LBD02306-01-3
              

A. 3525                             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

A. 3525                             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.

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

                                 3525--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. ROSENTHAL, PEOPLES-STOKES, JAFFEE, MAISEL, STEV-
  ENSON, DINOWITZ, THIELE, KEARNS,  SEPULVEDA,  ROBERTS,  MOYA,  LAVINE,
  COLTON,  COOK, MILLMAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMO-
  TAS, SCHIMEL, STECK, BENEDETTO, PERRY -- Multi-Sponsored by --  M.  of
  A.  BOYLAND,  BRENNAN,  BRINDISI,  CURRAN,  FAHY, GIBSON, GLICK, GRAF,
  HEVESI, JOHNS, LIFTON, McDONOUGH,  MONTESANO,  PAULIN,  RAIA,  RIVERA,
  SKARTADOS,  WEISENBERG  --  read once and referred to the Committee on
  Consumer Affairs and Protection -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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-s to read as follows:
  S  391-S.  GENETICALLY  MODIFIED  FOODS; REQUIRED LABELING. 1.   DEFI-
NITIONS. AS USED IN THIS SECTION, 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,"  "GENETIC  ENGINEERING,"  "GENETICALLY
MODIFIED,"  OR  "GENETIC  MODIFICATION,"  AS  APPLIED TO ANY HUMAN FOOD,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02306-02-3

              

A. 3525--A                          2

  (II) 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.
  (D)  "MANUFACTURER"  MEANS A PERSON OR BUSINESS THAT MAKES, PROCESSES,
COMBINES, OR PACKAGES FOOD INGREDIENTS INTO A FINISHED FOOD PRODUCT.
  (E) "MEDICAL FOOD" MEANS A FOOD THAT IS FORMULATED TO BE  CONSUMED  OR
ADMINISTERED INTERNALLY 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 THE
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
IN ITS FINAL 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 IN THE FOOD;
OR
  (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECTS 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 THE FOOD
FROM INDIVIDUALS OR BUSINESSES TO THE END-USER.
  2. LABELING OF GENETICALLY ENGINEERED FOODS. (A) ANY FOOD 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 "GENETICALLY ENGINEERED" 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 ON THE RETAIL STORE SHELF OR BIN IN WHICH SUCH COMMOD-
ITY IS DISPLAYED FOR SALE IN A  CLEAR  AND  CONSPICUOUS  MANNER  BY  THE
RETAILER.
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING,  THE  MANUFACTURER  MUST  LABEL THE PRODUCT, IN A CLEAR AND
CONSPICUOUS MANNER ON THE FRONT OR BACK OF THE  PACKAGE  OF  SUCH  FOOD,
WITH THE WORDS "PRODUCED WITH GENETIC ENGINEERING".
  (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 "GENETICALLY ENGINEERED".
  (B) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE  LISTING
OR IDENTIFICATION OF ANY INGREDIENT OR INGREDIENTS THAT WERE GENETICALLY
ENGINEERED,  NOR  THAT THE TERM "GENETICALLY ENGINEERED" BE PLACED IMME-
DIATELY PRECEDING ANY COMMON NAME OR PRIMARY  PRODUCT  DESCRIPTOR  OF  A
FOOD.

A. 3525--A                          3

  (C)  ANY  PROCESSED  FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED BY GENETIC  ENGINEER-
ING  IS  NOT  MISBRANDED  PROVIDED  THAT THE ENGINEERED MATERIALS 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  THROUGH
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 THIS
SUBDIVISION WITH RESPECT TO A RAW AGRICULTURAL COMMODITY  OR  FOOD  MUST
OBTAIN, FROM WHOEVER SOLD THE RAW AGRICULTURAL COMMODITY OR FOOD TO THAT
PERSON,  A  SWORN STATEMENT THAT THE RAW AGRICULTURAL COMMODITY OR FOOD:
(1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY GENETICALLY ENGINEERED;  AND
(2)  HAS  BEEN  SEGREGATED  FROM,  AND  HAS NOT BEEN KNOWINGLY OR INTEN-
TIONALLY COMMINGLED WITH, FOODS THAT MAY  HAVE  BEEN  GENETICALLY  ENGI-
NEERED  AT  ANY  TIME. IN PROVIDING SUCH A SWORN STATEMENT, A PERSON MAY
RELY ON A SWORN STATEMENT FROM HIS OR HER  OWN  SUPPLIER  THAT  CONTAINS
SUCH AN AFFIRMATION;
  (III)  ANY PROCESSED FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE ONE OR MORE PROCESSING AIDS OR ENZYMES WERE PRODUCED OR  DERIVED
WITH 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 USDA;
  (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 SERVICE ESTABLISHMENT THAT IS PRIMARILY 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 MISBRANDING AS  SET  FORTH  IN  SECTION  THREE
HUNDRED NINETY-TWO-B OF THIS ARTICLE.
  S  2.  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,"  "GENETIC  ENGINEERING,"  "GENETICALLY
MODIFIED," OR "GENETIC MODIFICATION," AS  APPLIED  TO  ANY  HUMAN  FOOD,
MEANS  PRODUCED  FROM  OR  WITH  AN  ORGANISM OR ORGANISMS WITH GENETICS
ALTERED MATERIALLY THROUGH THE APPLICATION OF:

A. 3525--A                          4

  (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) 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.
  (D) "MANUFACTURER" MEANS A PERSON OR BUSINESS THAT  MAKES,  PROCESSES,
COMBINES, OR PACKAGES FOOD INGREDIENTS INTO A FINISHED FOOD PRODUCT.
  (E)  "MEDICAL  FOOD" MEANS A FOOD THAT IS FORMULATED TO BE CONSUMED OR
ADMINISTERED INTERNALLY 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  THE
FOOD  BUT  IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT IS PACKAGED
IN ITS FINAL 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 IN THE FOOD;
OR
  (III) A SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL  OR  FUNC-
TIONAL  EFFECTS 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 THE  FOOD
FROM INDIVIDUALS OR BUSINESSES TO THE END-USER.
  S  3.  Section  201  of  the agriculture and markets law is amended by
adding a new subdivision 15 to read as follows:
  15. (A) ANY FOOD 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 "GENETICALLY ENGINEERED" 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 ON THE RETAIL STORE SHELF OR BIN IN WHICH SUCH COMMOD-
ITY IS DISPLAYED FOR SALE IN A  CLEAR  AND  CONSPICUOUS  MANNER  BY  THE
RETAILER.
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC
ENGINEERING,  THE  MANUFACTURER  MUST  LABEL THE PRODUCT, IN A CLEAR AND
CONSPICUOUS MANNER ON THE FRONT OR BACK OF THE  PACKAGE  OF  SUCH  FOOD,
WITH THE WORDS "PRODUCED WITH GENETIC ENGINEERING".
  (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 "GENETICALLY ENGINEERED".
  (B) THIS SUBDIVISION SHALL NOT BE  CONSTRUED  TO  REQUIRE  EITHER  THE
LISTING  OR  IDENTIFICATION  OF  ANY INGREDIENT OR INGREDIENTS THAT WERE

A. 3525--A                          5

GENETICALLY ENGINEERED, NOR THAT THE TERM  "GENETICALLY  ENGINEERED"  BE
PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT DESCRIP-
TOR OF A FOOD.
  (C)  ANY  PROCESSED  FOOD THAT WOULD BE SUBJECT TO THIS SECTION SOLELY
BECAUSE IT INCLUDES ONE OR MORE MATERIALS PRODUCED BY GENETIC  ENGINEER-
ING  IS  NOT  MISBRANDED  PROVIDED  THAT THE ENGINEERED MATERIALS 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 THROUGH
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 WHOEVER SOLD THE RAW AGRICULTURAL COMMOD-
ITY OR FOOD TO THAT PERSON, A SWORN STATEMENT THAT THE RAW  AGRICULTURAL
COMMODITY  OR  FOOD:  (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY GENET-
ICALLY ENGINEERED; AND (2) HAS BEEN SEGREGATED FROM, AND  HAS  NOT  BEEN
KNOWINGLY  OR  INTENTIONALLY  COMMINGLED  WITH, FOODS THAT MAY HAVE BEEN
GENETICALLY ENGINEERED AT ANY TIME. IN PROVIDING SUCH A SWORN STATEMENT,
A PERSON MAY RELY ON A SWORN STATEMENT 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 PROCESSING AIDS OR ENZYMES WERE PRODUCED OR
DERIVED WITH 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 USDA;
  (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 SERVICE ESTABLISHMENT THAT IS PRIMARILY ENGAGED IN THE SALE OF FOOD
PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION; OR
  (VII) MEDICAL FOOD.
  (D) ANY PERSON, FIRM, CORPORATION, OR  OTHER  LEGAL  ENTITY  VIOLATING
THIS  SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND
MISBRANDING AS SET FORTH IN SECTION THREE HUNDRED  NINETY-TWO-B  OF  THE
GENERAL BUSINESS LAW.
  S  4.  This  act shall take effect eighteen months after it shall have
become a law.

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

                                 3525--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, PEOPLES-STOKES, JAFFEE, DINOWITZ,
  THIELE, KEARNS, SEPULVEDA, ROBERTS, MOYA, LAVINE, COLTON, COOK,  MILL-
  MAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMOTAS, SCHIMEL, STECK,
  BENEDETTO,  PERRY,  QUART, CLARK, CAMARA, MILLER, P. LOPEZ, SKARTADOS,
  ABINANTI, WEPRIN, OTIS, GOLDFEDER -- Multi-Sponsored by --  M.  of  A.
  BOYLAND,  BRENNAN, BRINDISI, CURRAN, CYMBROWITZ, FAHY, FARRELL, GLICK,
  GRAF, HEVESI, JOHNS, LENTOL, LIFTON, MARKEY,  MONTESANO,  PAULIN,  RA,
  RAIA, RIVERA, RODRIGUEZ, SWEENEY, WEISENBERG -- read once and referred
  to  the  Committee  on  Consumer  Affairs  and Protection -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Consumer  Affairs
  and Protection in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law and the agriculture and markets
  law, in relation to the labeling of genetically engineered foods

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

  Section 1. Legislative findings and intent. The legislature finds that
New York state consumers have the right to know whether the  foods  they
purchase have been entirely genetically engineered or partially produced
with genetic engineering so they can make informed purchasing decisions.
Labeling  is  necessary  to ensure that New York consumers are fully and
reliably informed about the products they purchase and consume.  Further
the legislature finds that:
  (a) Currently, there is no federal law that requires food producers to
identify  whether  foods  were produced with genetic engineering. At the
same time, the United States Food and Drug Administration (FDA) does not
require safety studies of such foods. Unless these foods contain a known
allergen, the FDA does not require the developers of  genetically  engi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02306-14-4

              

A. 3525--B                          2

neered  foods to consult with the agency. Consultations with the FDA are
entirely voluntary;
  (b)  Mandatory identification of foods produced with genetic engineer-
ing can provide a critical method for tracking any potential  short-term
and  long-term  health  effects of consuming foods produced with genetic
engineering;
  (c) Polls consistently show that the vast majority of the public wants
to know if their food has been produced with genetic engineering;
  (d) More than sixty countries, including Japan,  South  Korea,  China,
Australia,  New  Zealand,  Thailand,  Russia,  the European Union member
states, and other key United States trading partners, have laws  mandat-
ing disclosure of genetically engineered foods;
  (e)  A variety of genetically engineered crops are commercially culti-
vated and sold in the United States, including  corn,  canola,  soybean,
cotton,  sugar  beets,  alfalfa,  and papaya. It has been estimated that
60-70% of packaged grocery products contain some materials produced with
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;

A. 3525--B                          3

  (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.
  (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.

A. 3525--B                          4

  (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.
  (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

A. 3525--B                          5

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
(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.
  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 CHAPTER 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 CHAPTER.
  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-

A. 3525--B                          6

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
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

A. 3525--B                          7

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  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;

A. 3525--B                          8

  (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.
  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 two of section 391-t of the general
business law as added by section two of this act and  paragraph  (d)  of
subdivision fifteen of section 201 of the agriculture and markets law as
added by section four of this act.

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

                                 3525--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, PEOPLES-STOKES, JAFFEE, DINOWITZ,
  THIELE, KEARNS, SEPULVEDA, ROBERTS, MOYA, LAVINE, COLTON, COOK,  MILL-
  MAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMOTAS, SCHIMEL, STECK,
  BENEDETTO,  PERRY,  QUART, CLARK, CAMARA, MILLER, P. LOPEZ, SKARTADOS,
  ABINANTI, WEPRIN, OTIS, GOLDFEDER -- Multi-Sponsored by --  M.  of  A.
  BRAUNSTEIN,  BRENNAN,  BRINDISI,  CURRAN,  CYMBROWITZ,  FAHY, FARRELL,
  GLICK, HEVESI,  JACOBS,  JOHNS,  LENTOL,  LIFTON,  MARKEY,  MONTESANO,
  PAULIN,  RA,  RIVERA,  RODRIGUEZ, SWEENEY, WEISENBERG -- read once and
  referred to the  Committee  on  Consumer  Affairs  and  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN ACT to amend the general business law and the agriculture and markets
  law, in relation to the labeling of genetically engineered foods

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

  Section 1. Legislative findings and intent. The legislature finds that
New York state consumers have the right to know whether the  foods  they
purchase have been entirely genetically engineered or partially produced
with genetic engineering so they can make informed purchasing decisions.
Labeling  is  necessary  to ensure that New York consumers are fully and
reliably informed about the products they purchase and consume.  Further
the legislature finds that:
  (a) Currently, there is no federal law that requires food producers to
identify  whether  foods  were produced with genetic engineering. At the
same time, the United States Food and Drug Administration (FDA) does not
require safety studies of such foods. Unless these foods contain a known

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02306-18-4
              

A. 3525--C                          2

allergen, the FDA does not require the developers of  genetically  engi-
neered  foods to consult with the agency. Consultations with the FDA are
entirely voluntary;
  (b)  Mandatory identification of foods produced with genetic engineer-
ing can provide a critical method for tracking any potential  short-term
and  long-term  health  effects of consuming foods produced with genetic
engineering;
  (c) Polls consistently show that the vast majority of the public wants
to know if their food has been produced with genetic engineering;
  (d) More than sixty countries, including Japan,  South  Korea,  China,
Australia,  New  Zealand,  Thailand,  Russia,  the European Union member
states, and other key United States trading partners, have laws  mandat-
ing disclosure of genetically engineered foods;
  (e)  A variety of genetically engineered crops are commercially culti-
vated and sold in the United States, including  corn,  canola,  soybean,
cotton,  sugar  beets,  alfalfa,  and papaya. It has been estimated that
60-70% of packaged grocery products contain some materials produced with
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;

A. 3525--C                          3

  (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.
  (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.

A. 3525--C                          4

  (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.
  (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

A. 3525--C                          5

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
(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.
  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-

A. 3525--C                          6

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
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

A. 3525--C                          7

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  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;

A. 3525--C                          8

  (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.
  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.

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

                                 3525--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, PEOPLES-STOKES, JAFFEE, DINOWITZ,
  THIELE, KEARNS, SEPULVEDA, ROBERTS, MOYA, LAVINE, COLTON, COOK,  MILL-
  MAN, GALEF, KELLNER, ENGLEBRIGHT, MAGNARELLI, SIMOTAS, SCHIMEL, STECK,
  BENEDETTO,  PERRY,  QUART, CLARK, CAMARA, MILLER, P. LOPEZ, SKARTADOS,
  ABINANTI, WEPRIN, OTIS, GOLDFEDER, MOSLEY, ORTIZ -- Multi-Sponsored by
  -- M. of A.  BRAUNSTEIN, BRENNAN, BRINDISI, CURRAN, CYMBROWITZ,  FAHY,
  FARRELL,  GLICK,  HEASTIE,  HEVESI,  JACOBS,  JOHNS,  LENTOL,  LIFTON,
  MARKEY, MONTESANO, PAULIN, RA, RIVERA, RODRIGUEZ, SWEENEY,  WEISENBERG
  --  read  once  and  referred to the Committee on Consumer Affairs and
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee on Consumer Affairs and Protection in accordance with Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend the general business law and the agriculture and markets
  law, in relation to the labeling of genetically engineered foods

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

  Section 1. Legislative findings and intent. The legislature finds that
New  York  state consumers have the right to know whether the foods they
purchase have been entirely genetically engineered or partially produced
with genetic engineering so they can make informed purchasing decisions.
Labeling is necessary to ensure that New York consumers  are  fully  and
reliably  informed about the products they purchase and consume. Further
the legislature finds that:
  (a) Currently, there is no federal law that requires food producers to
identify whether foods were produced with genetic  engineering.  At  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02306-20-4
              

A. 3525--D                          2

same time, the United States Food and Drug Administration (FDA) does not
require safety studies of such foods. Unless these foods contain a known
allergen,  the  FDA does not require the developers of genetically engi-
neered  foods to consult with the agency. Consultations with the FDA are
entirely voluntary;
  (b) Mandatory identification of foods produced with genetic  engineer-
ing  can provide a critical method for tracking any potential short-term
and long-term health effects of consuming foods  produced  with  genetic
engineering;
  (c) Polls consistently show that the vast majority of the public wants
to know if their food has been produced with genetic engineering;
  (d)  More  than  sixty countries, including Japan, South Korea, China,
Australia, New Zealand, Thailand,  Russia,  the  European  Union  member
states,  and other key United States trading partners, have laws mandat-
ing disclosure of genetically engineered foods;
  (e) A variety of genetically engineered crops are commercially  culti-
vated  and  sold  in the United States, including corn, canola, soybean,
cotton, sugar beets, alfalfa, and papaya. It  has  been  estimated  that
60-70% of packaged grocery products contain some materials produced with
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

A. 3525--D                          3

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.
  (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

A. 3525--D                          4

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.
  (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

A. 3525--D                          5

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
(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:

A. 3525--D                          6

  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
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:

A. 3525--D                          7

  (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
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;

A. 3525--D                          8

  (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
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.