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

                                 3835--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sens.  LAVALLE, ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN,
  ESPAILLAT, HOYLMAN, KRUEGER,  LATIMER,  MONTGOMERY,  PERKINS,  ROBACH,
  SERRANO,  SMITH -- read twice and ordered printed, and when printed to
  be committed to the Committee  on  Consumer  Protection  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee  on  Consumer
  Protection in accordance with Senate  Rule  6,  sec.  8  --  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. Legislative findings and intent. The legislature finds that
New York state consumers have the right to know whether the  foods  they
purchase  have  been  produced with genetic engineering so they can make
informed purchasing decisions.
  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;
  (b)  Identification  of  foods  produced  with genetic engineering can
provide a critical  method  for  tracking  effects  of  consuming  foods
produced with genetic engineering;
  (c)  More  than  sixty  countries, including key United States trading
partners, have  laws  mandating  disclosure  of  genetically  engineered
foods.  Identifying  foods  produced  with genetic engineering will help
protect our state's export market;
  (d) A variety of genetically engineered crops are commercially  culti-
vated  and  sold  in  the  United  States, including corn, canola, sugar

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02306-26-4
              

S. 3835--B                          2

beets, soybean, cotton, alfalfa, and papaya. It has been estimated  that
70-80%  of packaged grocery products contain some materials derived from
these genetically engineered crops;
  (e)  Without  disclosure,  consumers with certain dietary restrictions
may  unknowingly  consume  such  food  in  violation  of  such   dietary
restrictions;
  (f)  Preserving the identity, quality, and reliability of agricultural
products is of prime importance to our state's fiscal health;
  (g) The cultivation of genetically engineered crops can cause  serious
environmental impacts;
  (h) 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  and
seed;
  (i)  It  is  the  intent  of this act only to regulate the labeling of
seed, seed stock, and 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  OR
SEED  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

S. 3835--B                          3

THAT  HAS BEEN SUBJECT TO PROCESSING SUCH AS CANNING, SMOKING, PRESSING,
COOKING, FREEZING, DEHYDRATION, FERMENTATION, OR MILLING.
  (H) "PROCESSING AID" MEANS:
  (I)  A  SUBSTANCE THAT IS ADDED TO A FOOD DURING THE PROCESSING OF THE
FOOD BUT IS REMOVED IN SOME MANNER FROM THE FOOD BEFORE IT  IS  PACKAGED
IN ITS FINISHED FORM;
  (II)  A  SUBSTANCE  THAT  IS  ADDED  TO  A  FOOD DURING PROCESSING, IS
CONVERTED INTO CONSTITUENTS NORMALLY PRESENT IN THE FOOD, AND  DOES  NOT
SIGNIFICANTLY INCREASE THE AMOUNT OF THE CONSTITUENTS NATURALLY FOUND IN
THE FOOD; OR
  (III)  A  SUBSTANCE THAT IS ADDED TO A FOOD FOR ITS TECHNICAL OR FUNC-
TIONAL EFFECT IN THE PROCESSING BUT IS PRESENT IN THE FINISHED  FOOD  AT
INSIGNIFICANT  LEVELS  AND  DOES  NOT  HAVE  ANY TECHNICAL OR FUNCTIONAL
EFFECT IN THAT FINISHED FOOD.
  (I) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES.
  (J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
INDIVIDUALS OR BUSINESSES TO THE END-USER.
  2.  LABELING OF GENETICALLY ENGINEERED SEED AND FOOD. (A) ANY FOOD FOR
HUMAN CONSUMPTION, SEED, OR SEED STOCK 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", OR "GMO",
OR A 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 A RAW AGRICULTURAL COMMODITY THAT IS SEPARATELY
PACKAGED OR PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC ENGINEER-
ING, THE MANUFACTURER MUST LABEL THE FOOD, IN A  CLEAR  AND  CONSPICUOUS
MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH GENET-
IC  ENGINEERING"  OR  ANY  OTHER DERIVATIVE OF THOSE WORDS, THE INITIALS
"GE", "GM", "GMO", OR A 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 A 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 A DERIVA-
TIVE 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:

S. 3835--B                          4

  (I)  FOOD  CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN ANIMAL
THAT HAS NOT ITSELF BEEN PRODUCED WITH GENETIC  ENGINEERING,  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, PROCESSED FOOD, OR SEED THAT HAS
BEEN GROWN, RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND  INTEN-
TIONAL USE OF GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN
THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON OR ENTITY RESPONSIBLE FOR
COMPLYING  WITH  THIS  SUBDIVISION  WITH  RESPECT  TO A RAW AGRICULTURAL
COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK MUST OBTAIN, FROM WHOMEV-
ER SOLD THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD,  SEED,  OR  SEED
STOCK  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,  PROCESSED  FOOD, SEED, OR SEED STOCK: (1) HAS NOT BEEN KNOW-
INGLY OR INTENTIONALLY PRODUCED WITH GENETIC ENGINEERING;  AND  (2)  HAS
BEEN  SEGREGATED  FROM,  AND  HAS  NOT  BEEN  KNOWINGLY OR INTENTIONALLY
COMMINGLED WITH FOODS OR SEEDS THAT MAY HAVE BEEN PRODUCED WITH  GENETIC
ENGINEERING;
  (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. VIOLATIONS. (A) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTI-
TY VIOLATING THIS SECTION SHALL BE SUBJECT TO THE  PENALTIES  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 SUBJECT TO THE PENALTIES UNDER SECTION THREE HUNDRED NINETY-TWO-B  OF
THIS  ARTICLE  UNLESS (I) THE RETAILER IS THE MANUFACTURER OF THE GENET-
ICALLY ENGINEERED RAW AGRICULTURAL COMMODITY, PROCESSED FOOD,  SEED,  OR
SEED STOCK AND SELLS THE GENETICALLY ENGINEERED RAW AGRICULTURAL COMMOD-
ITY,  PROCESSED  FOOD, SEED, OR SEED STOCK UNDER A BRAND IT OWNS OR (II)
THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL.
  (B) ANY PERSON OR ENTITY WHO VIOLATES THE REQUIREMENTS OF THIS SECTION
SHALL BE LIABLE FOR A CIVIL  PENALTY  OF  NOT  MORE  THAN  ONE  THOUSAND
DOLLARS PER DAY, PER PRODUCT.
  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;

S. 3835--B                          5

  (C) THE VIOLATION THAT WAS DETERMINED TO HAVE OCCURRED, INCLUDING  THE
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 A RAW AGRICULTURAL COMMODITY, PROCESSED FOOD,
SEED, OR SEED STOCK THAT HAS BEEN PRODUCED WITH GENETIC ENGINEERING THAT
FAILS TO MAKE THE DISCLOSURE REQUIRED PURSUANT  TO  SUBDIVISION  TWO  OF
THIS  SECTION, IS NOT SUBJECT TO FINANCIAL LIABILITY IN ANY CIVIL ACTION
TO ENFORCE THIS SECTION IF THE DISTRIBUTOR OR  RETAILER  RELIED  ON  THE
WRITTEN  STATEMENT  OBTAINED  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION
PROVIDED BY THE MANUFACTURER STATING THAT THE RAW  AGRICULTURAL  COMMOD-
ITY,  PROCESSED  FOOD, SEED, OR SEED STOCK IS NOT SUBJECT TO THE DISCLO-
SURE 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 DERIV-
ATIVE  OF  THOSE  WORDS, AS APPLIED TO ANY FOOD FOR HUMAN CONSUMPTION OR
SEED 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.
  (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 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

S. 3835--B                          6

  (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, SEED, OR SEED STOCK 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", OR "GMO",
OR A 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 SHELF OR BIN
IN WHICH SUCH COMMODITY IS OFFERED FOR SALE BY THE RETAILER.
  (II) IN THE CASE OF A RAW AGRICULTURAL COMMODITY  THAT  IS  SEPARATELY
PACKAGED OR PROCESSED FOOD CONTAINING SOME PRODUCTS OF GENETIC ENGINEER-
ING,  THE  MANUFACTURER  MUST LABEL THE FOOD, IN A CLEAR AND CONSPICUOUS
MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH GENET-
IC ENGINEERING" OR ANY OTHER DERIVATIVE OF  THOSE  WORDS,  THE  INITIALS
"GE", "GM", "GMO", OR A 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 A 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 A
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 PRODUCED WITH GENETIC ENGINEERING, 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, PROCESSED FOOD, OR  SEED  THAT  HAS
BEEN  GROWN, RAISED, PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTEN-
TIONAL USE OF GENETICALLY ENGINEERED SEED OR FOOD. TO BE INCLUDED WITHIN
THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON OR ENTITY RESPONSIBLE FOR

S. 3835--B                          7

COMPLYING WITH PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO  A  RAW
AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK MUST OBTAIN,
FROM WHOMEVER SOLD THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED,
OR  SEED  STOCK  MUST  OBTAIN,  FROM  WHOMEVER SOLD THE RAW AGRICULTURAL
COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK TO THAT PERSON, A WRITTEN
STATEMENT, WHICH MAY BE INCLUDED ON AN INVOICE THAT MAY BE IN  AN  ELEC-
TRONIC  FORM, THAT THE RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED,
OR SEED STOCK: (1) HAS NOT BEEN KNOWINGLY OR INTENTIONALLY PRODUCED WITH
GENETIC ENGINEERING; AND (2) HAS BEEN SEGREGATED FROM, AND HAS NOT  BEEN
KNOWINGLY  OR INTENTIONALLY COMMINGLED WITH FOODS OR SEEDS THAT MAY HAVE
BEEN PRODUCED WITH GENETIC ENGINEERING;
  (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. 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.
  (E)(I) ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY  VIOLATING
THIS  SECTION  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
SUBJECT TO THE PENALTIES UNDER SECTION THREE HUNDRED NINETY-TWO-B OF THE
GENERAL  BUSINESS LAW UNLESS (1) THE RETAILER IS THE MANUFACTURER OF THE
GENETICALLY ENGINEERED RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED,
OR SEED STOCK AND SELLS  THE  GENETICALLY  ENGINEERED  RAW  AGRICULTURAL
COMMODITY,  PROCESSED FOOD, SEED, OR SEED STOCK UNDER A BRAND IT OWNS OR
(2) THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL.
  (II) ANY PERSON OR  ENTITY  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS
SECTION  SHALL  BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOU-
SAND DOLLARS PER DAY, PER PRODUCT.
  (F) IN ANY CASE WHERE THERE HAS BEEN  A  FINAL  DETERMINATION  BY  THE
DEPARTMENT, OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION,
THE  DEPARTMENT  SHALL MAKE AVAILABLE TO THE PUBLIC, WITHOUT CHARGE, THE
FOLLOWING INFORMATION:
  (I) THE NAME AND BUSINESS ADDRESS OF THE VIOLATOR;
  (II) THE DATE OR DATES OF INSPECTION OF THE VIOLATOR'S PREMISES BY THE
DEPARTMENT;
  (III) THE VIOLATION THAT WAS DETERMINED TO  HAVE  OCCURRED,  INCLUDING
THE NAME OF THE PRODUCT; AND
  (IV) THE AMOUNT OF THE PENALTY THAT WAS ASSESSED BY THE DEPARTMENT.
  (G) A DISTRIBUTOR OR RETAILER THAT SELLS A RAW AGRICULTURAL COMMODITY,
PROCESSED  FOOD, SEED, OR SEED STOCK THAT HAS BEEN PRODUCED WITH GENETIC
ENGINEERING THAT FAILS TO  MAKE  THE  DISCLOSURE  REQUIRED  PURSUANT  TO
SECTION  THREE  HUNDRED NINETY-ONE-T OF THE GENERAL BUSINESS LAW, IS NOT
SUBJECT TO FINANCIAL LIABILITY IN  ANY  CIVIL  ACTION  TO  ENFORCE  THIS
SECTION  IF  THE DISTRIBUTOR OR RETAILER RELIED ON THE WRITTEN STATEMENT

S. 3835--B                          8

OBTAINED UNDER SUBDIVISION TWO OF SECTION THREE HUNDRED NINETY-ONE-T  OF
THE  GENERAL  BUSINESS LAW PROVIDED BY THE MANUFACTURER STATING THAT THE
RAW AGRICULTURAL COMMODITY, PROCESSED FOOD, SEED, OR SEED STOCK  IS  NOT
SUBJECT TO THE DISCLOSURE REQUIREMENTS UNDER SUCH SECTION.
  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 raw agricultural commodities, processed foods, seed, and  seed  stock
produced  with genetic engineering is implemented, provided however that
nothing contained herein shall prevent the  state  from  exercising  any
concurrent  authority  authorized  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  raw  agri-
cultural  commodities,  processed  foods,  seed, and seed stock produced
with 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.