S T A T E O F N E W Y O R K
________________________________________________________________________
3804
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. CERETTO -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the labeling of foods produced with certain types
of fertilizer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 214-o to read as follows:
S 214-O. THE LABELING OF FOODS PRODUCED WITH CERTAIN TYPES OF FERTI-
LIZERS. 1. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ANAEROBIC DIGESTION" MEANS ANY NATURAL BIOLOGICAL PROCESSES
INVOLVING MICROORGANISMS IN THE ABSENCE OF OXYGEN FOR THE PURPOSES OF
BREAKING DOWN BIODEGRADABLE MATERIAL AND THE CREATION OF METHANE.
(B) "COMMERCIAL FERTILIZER" SHALL MEAN ANY SUBSTANCES CONTAINING ONE
OR MORE RECOGNIZED PLANT NUTRIENTS WHICH IS USED FOR ITS PLANT NUTRIENT
CONTENT, AND WHICH IS DESIGNED FOR USE OR CLAIMED TO HAVE VALUE IN
PROMOTING PLANT GROWTH, EXCEPT UNMANIPULATED ANIMAL AND VEGETABLE
MANURES, AGRICULTURAL LIMING MATERIAL, WOOD ASHES, GYPSUM AND OTHER
PRODUCTS EXEMPTED BY REGULATION OF THE COMMISSIONER.
(C) "DIGESTATE" MEANS ANY LIQUID OR SOLID THAT IS PRODUCED AS THE
RESULT OF THE PROCESS OF ANAEROBIC DIGESTION.
(D) "EFFLUENT" MEANS ANY GARBAGE, REFUSE, RAW SEWAGE, SEPTAGE OR
SLUDGE PRODUCED FROM A SEWAGE TREATMENT PLANT, WASTE TREATMENT PLANT OR
WATER SUPPLY TREATMENT PLANT THAT IS KNOWN TO CONTAIN EXCREMENTITOUS
WASTE PRODUCTS OR OTHER WASTES OR WASHINGS FROM THE BODIES OF HUMAN
BEINGS.
2. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN NEW
YORK IS MISBRANDED IF IT IS PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED
OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07162-01-5
A. 3804 2
THROUGH AN ANAEROBIC DIGESTION PROCESS AND THAT FACT IS NOT DISCLOSED AS
FOLLOWS:
(I) IN THE CASE OF RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED OR LABELED, THE WORDS "PRODUCED WITH FERTILIZER CONTAINING
ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF
THOSE WORDS SHALL BE PLACED ON THE CONTAINER USED FOR PACKAGING, HOLD-
ING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER BY THE MANUFAC-
TURER, 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 PRODUCED
WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY
PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION
PROCESS, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND CONSPICU-
OUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH
FERTILIZER CONTAINING ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY
OTHER DERIVATIVE OF THOSE WORDS; AND
(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 FERTILIZER CONTAINING ANAEROBICALLY DIGESTED
HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE WORDS.
(B) THIS SUBDIVISION SHALL NOT BE CONSTRUED TO REQUIRE EITHER THE
LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE PRODUCED WITH
COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY
PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION
PROCESS, NOR THAT THE PHRASE "PRODUCED WITH FERTILIZER CONTAINING ANAE-
ROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE
WORDS 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 COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR
PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THOUGH AN ANAEROBIC
DIGESTION PROCESS IS NOT MISBRANDED PROVIDED THAT THESE MATERIALS IN THE
AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE PERCENT OF THE
TOTAL WEIGHT OF THE PROCESSED FOOD OR RAW AGRICULTURAL COMMODITY.
(D) THIS SUBDIVISION SHALL NOT APPLY TO ANY OF THE FOLLOWING:
(I) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF FERTI-
LIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT
THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION PROCESS. INCLUDED WITHIN
THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING
WITH PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICUL-
TURAL COMMODITY OR FOOD, SHALL OBTAIN FROM WHOMEVER SOLD THE RAW AGRI-
CULTURAL COMMODITY OR FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH
SHALL BE INCLUDED ON AN INVOICE, THAT MAY BE IN AN ELECTRONIC FORM, THAT
THE RAW AGRICULTURAL COMMODITY OR FOOD: (A) HAS NOT BEEN KNOWINGLY OR
INTENTIONALLY PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE
PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN
ANAEROBIC DIGESTION PROCESS; AND (B) HAS BEEN SEGREGATED FROM, AND HAS
NOT BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE
BEEN PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED
OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC
DIGESTION PROCESS. IN PROVIDING SUCH STATEMENT, A PERSON MAY RELY ON A
A. 3804 3
WRITTEN STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS OR HER
OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
(II) 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 COMMERCIAL FERTILIZER COMPOSED OF DIGES-
TATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH
AN ANAEROBIC DIGESTION PROCESS;
(III) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE
ALCOHOLIC BEVERAGE CONTROL LAW;
(IV) 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;
(V) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (A) IS
A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
OR (B) 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; OR
(VI) 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 FOOD, SEED OR SEED STOCK PRODUCED WITH COMMERCIAL
FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM
EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION PROCESS AND SELLS
SUCH FOOD UNDER A BRAND IT OWNS OR (II) THE RETAILER'S FAILURE TO LABEL
WAS KNOWING AND WILLFUL. 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 (A) ANY DISCLOSURE CONCERNING FOODS
PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR
PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC
DIGESTION PROCESS RECEIVED PURSUANT TO THIS SECTION OR (B) THE LACK OF
ANY DISCLOSURE.
S 2. The general business law is amended by adding a new section 391-t
to read as follows:
S 391-T. THE LABELING OF FOODS PRODUCED WITH CERTAIN TYPES OF FERTI-
LIZERS. 1. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ANAEROBIC DIGESTION" MEANS ANY NATURAL BIOLOGICAL PROCESSES
INVOLVING MICROORGANISMS IN THE ABSENCE OF OXYGEN FOR THE PURPOSES OF
BREAKING DOWN BIODEGRADABLE MATERIAL AND THE CREATION OF METHANE.
(B) "COMMERCIAL FERTILIZER" SHALL MEAN ANY SUBSTANCES CONTAINING ONE
OR MORE RECOGNIZED PLANT NUTRIENTS WHICH IS USED FOR ITS PLANT NUTRIENT
CONTENT, AND WHICH IS DESIGNED FOR USE OR CLAIMED TO HAVE VALUE IN
PROMOTING PLANT GROWTH, EXCEPT UNMANIPULATED ANIMAL AND VEGETABLE
MANURES, AGRICULTURAL LIMING MATERIAL, WOOD ASHES, GYPSUM AND OTHER
PRODUCTS EXEMPTED BY REGULATION OF THE COMMISSIONER.
(C) "DIGESTATE" MEANS ANY LIQUID OR SOLID THAT IS PRODUCED AS THE
RESULT OF THE PROCESS OF ANAEROBIC DIGESTION.
(D) "EFFLUENT" MEANS ANY GARBAGE, REFUSE, RAW SEWAGE, SEPTAGE OR
SLUDGE PRODUCED FROM A SEWAGE TREATMENT PLANT, WASTE TREATMENT PLANT OR
WATER SUPPLY TREATMENT PLANT THAT IS KNOWN TO CONTAIN EXCREMENTITIOUS
A. 3804 4
WASTE PRODUCTS OR OTHER WASTES OR WASHINGS FROM THE BODIES OF HUMAN
BEINGS.
2. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN NEW
YORK IS MISBRANDED IF IT IS PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED
OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE
THROUGH AN ANAEROBIC DIGESTION PROCESS 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 FERTILIZER CONTAINING
ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF
THOSE WORDS SHALL BE PLACED ON THE CONTAINER USED FOR PACKAGING, HOLD-
ING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER BY THE MANUFAC-
TURER, 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 PRODUCED
WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY
PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN AEROBIC DIGESTION PROC-
ESS, THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND CONSPICUOUS
MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH FERTI-
LIZER CONTAINING ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER
DERIVATIVE OF THOSE WORDS; AND
(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 FERTILIZER CONTAINING ANAEROBICALLY DIGESTED
HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE WORDS.
(B) THIS SUBDIVISION SHALL NOT BE CONSTRUCTED TO REQUIRE EITHER THE
LISTING OR IDENTIFICATION OF ANY INGREDIENTS THAT WERE PRODUCED WITH
COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY
PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION
PROCESS, NOR THAT THE PHRASE "PRODUCED WITH FERTILIZER CONTAINING ANAE-
ROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE
WORDS 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 COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR
PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC
DIGESTIVE PROCESS IS NOT MISBRANDED PROVIDED THAT THESE MATERIALS ON THE
AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE PERCENT OF THE
TOTAL WEIGHT OF THE PROCESSED FOOD OR RAW AGRICULTURAL COMMODITY.
(D) THIS SUBDIVISION SHALL NOT APPLY TO ANY OF THE FOLLOWING:
(I) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF FERTI-
LIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT
THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION PROCESS. INCLUDED WITHIN
THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING
WITH PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICUL-
TURAL COMMODITY OR FOOD, SHALL OBTAIN FROM WHOMEVER SOLD THE RAW AGRI-
CULTURAL COMMODITY OR FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH
SHALL BE INCLUDED ON AN INVOICE THAT MAY BE IN AN ELECTRONIC FORM, THAT
THE RAW AGRICULTURAL COMMODITY OR FOOD: (A) HAS NOT BEEN KNOWINGLY OR
INTENTIONALLY PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE
PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN
A. 3804 5
ANAEROBIC DIGESTION PROCESS; AND (B) HAS BEEN SEGREGATED FROM, AND HAS
NOT BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE
BEEN PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED
OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC
DIGESTION PROCESS. 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;
(II) 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 COMMERCIAL FERTILIZER COMPOSED OF DIGES-
TATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH
AN ANAEROBIC DIGESTION PROCESS;
(III) ANY ALCOHOLIC BEVERAGE THAT IS SUBJECT TO REGULATION BY THE
ALCOHOLIC BEVERAGE CONTROL LAW;
(IV) 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;
(V) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (A) IS
A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
OR (B) 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; OR
(VI) 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
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 (I) THE RETAILER IS THE MANUFACTURER OF THE FOOD,
SEED OR SEED STOCK PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF
DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE
THROUGH AN ANAEROBIC DIGESTION PROCESS AND SELLS SUCH FOOD UNDER A BRAND
IT OWNS OR (II) THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL.
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 (A) ANY DISCLOSURE CONCERNING FOODS PRODUCED WITH COMMERCIAL
FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM
EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION PROCESS RECEIVED
PURSUANT TO THIS SECTION OR (B) THE LACK OF ANY DISCLOSURE.
S 3. 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 4. 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 commer-
cial fertilizer composed of digestate produced or partially produced
from effluent that has gone through an anaerobic digestion process.