S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2072
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. LAVALLE, ADDABBO, BOYLE, BRESLIN, MONTGOMERY, MURPHY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Consumer Protection
 
 AN ACT to amend the general business law and the agriculture and markets
   law, in relation to the labeling of genetically modified foods

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05350-01-7

 S. 2072                             2
 
   (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.
   § 2. The general business law is amended by adding a new section 391-u
 to read as follows:
   §  391-U.  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
 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;

 S. 2072                             3

   (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) "STOCK-KEEPING UNIT," FOR PURPOSES OF SUBDIVISION  THREE  OF  THIS
 SECTION,  SHALL  MEAN  ALL  OF  A GROUP OF FOOD ITEMS OF THE SAME BRAND,
 QUANTITY OF CONTENTS, RETAIL PRICE, AND VARIETY.
   (J) "RAW AGRICULTURAL COMMODITY" MEANS ANY  PLANT,  ANIMAL,  OR  FUNGI
 GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES.
   (K) "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:
   (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

 S. 2072                             4
 
 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. VIOLATION. 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 STOCK-KEEPING UNIT, PROVIDED HOWEVER THAT
 NO LIABILITY SHALL ARISE UNDER THIS SECTION UNTIL AFTER SAID  PERSON  OR
 ENTITY IS GIVEN FORMAL NOTICE OF THE VIOLATION.
   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  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-

 S. 2072                             5
 
 ITY,  PROCESSED  FOOD, SEED, OR SEED STOCK IS NOT SUBJECT TO THE DISCLO-
 SURE REQUIREMENTS UNDER THIS SECTION.
   §  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
   (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)  FOR  THE  PURPOSES  OF  PARAGRAPH  (E)  OF SUBDIVISION FIFTEEN OF
 SECTION TWO HUNDRED ONE OF THIS ARTICLE, "STOCK-KEEPING UNIT" SHALL MEAN
 ALL OF A GROUP OF FOOD ITEMS OF THE SAME BRAND,  QUANTITY  OF  CONTENTS,
 RETAIL PRICE, AND VARIETY.
   (I)"RAW  AGRICULTURAL  COMMODITY"  MEANS  ANY  PLANT, ANIMAL, OR FUNGI
 GROWN OR PRODUCED FOR HUMAN FOOD-USE PURPOSES.

 S. 2072                             6
 
   (J) "RETAILER" MEANS A PERSON OR BUSINESS ENGAGED IN SELLING FOOD FROM
 INDIVIDUALS OR BUSINESSES TO THE END-USER.
   §  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
 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-

 S. 2072                             7
 
 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) 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  STOCK-KEEPING  UNIT,  PROVIDED HOWEVER THAT NO
 LIABILITY SHALL ARISE UNDER THIS SECTION  UNTIL  AFTER  SAID  PERSON  OR
 ENTITY IS GIVEN FORMAL NOTICE OF THE VIOLATION.
   (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-U 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
 OBTAINED  UNDER SUBDIVISION TWO OF SECTION THREE HUNDRED NINETY-ONE-U 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.
   § 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.
   § 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

 S. 2072                             8
 
 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-u  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.