S T A T E   O F   N E W   Y O R K
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                                  9113

                          I N  A S S E M B L Y

                             March 17, 2014
                               ___________

Introduced  by M. of A. TITUS, GLICK, JACOBS, PEOPLES-STOKES, MONTESANO,
  COOK -- Multi-Sponsored by --  M.  of  A.  HIKIND,  PERRY,  SKARTADOS,
  THIELE,  WEISENBERG  --  read  once  and  referred to the Committee on
  Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to  requiring  the
  labeling of all consumable commodities containing genetically modified
  organisms

  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-t to read as follows:
  S 391-T. CONSUMABLE COMMODITIES; THE REQUIREMENT OF CLEAR AND CONSPIC-
UOUS LABELING. 1. DEFINITIONS. AS USED IN THIS  SECTION,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "FOOD"  MEANS  (I)  ARTICLES USED FOR FOOD OR DRINK FOR HUMANS OR
OTHER ANIMALS, (II) CHEWING GUM, (III) INFANT FORMULA, AND (IV) ARTICLES
USED FOR COMPONENTS OF ANY SUCH ARTICLE.
  (B) "DISTRIBUTOR" MEANS A  PERSON  OR  ENTITY  THAT  SELLS,  SUPPLIES,
FURNISHES  OR  TRANSPORTS  FOOD  INTENDED  FOR HUMAN CONSUMPTION IN THIS
STATE THAT SUCH PERSON OR ENTITY DOES NOT PRODUCE.
  (C) "GENETICALLY MODIFIED ORGANISM  (GMO)"  MEANS  AN  ORGANISM  WHOSE
GENETIC CHARACTERISTICS HAVE BEEN ALTERED BY THE INSERTION OF A MODIFIED
GENE  OR  A  GENE  FROM ANOTHER ORGANISM USING THE TECHNIQUES OF GENETIC
ENGINEERING.
  (D) "GENETIC ENGINEERING" MEANS A PROCESS BY  WHICH  A  FOOD  OR  FOOD
INGREDIENT  THAT  IS PRODUCED FROM AN ORGANISM OR ORGANISMS IN WHICH THE
GENETIC MATERIAL HAS BEEN CHANGED THROUGH THE  APPLICATION  OF:  (I)  IN
VITRO  NUCLEIC ACID TECHNIQUES, INCLUDING RECOMBINANT DNA TECHNIQUES AND
THE DIRECT INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES;  OR  (II)
FUSION  OF  CELLS,  INCLUDING  PROTOPLAST FUSION, OR HYBRIDIZATION TECH-
NIQUES THAT OVERCOME NATURAL PHYSIOLOGICAL, REPRODUCTIVE  OR  RECOMBINA-
TION  BARRIERS,  WHERE THE DONOR CELLS OR PROTOPLASTS DO NOT FALL WITHIN
THE SAME TAXONOMIC GROUP, IN A WAY THAT DOES NOT OCCUR BY NATURAL MULTI-
PLICATION OR NATURAL RECOMBINATION.

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

                                                           LBD13907-02-4

A. 9113                             2

  (E) "INFANT FORMULA" MEANS A MILK-BASED OR SOY-BASED  POWDER,  CONCEN-
TRATED  LIQUID OR READY-TO-FEED SUBSTITUTE FOR HUMAN BREAST MILK THAT IS
INTENDED FOR INFANT CONSUMPTION AND IS COMMERCIALLY AVAILABLE.
  (F) "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED OR GRAPHIC MATTER UPON
THE  IMMEDIATE  CONTAINER OF ANY ARTICLE, PROVIDED A REQUIREMENT MADE BY
OR UNDER AUTHORITY OF THIS CHAPTER THAT ANY INFORMATION OR OTHER WORD OR
STATEMENT APPEAR ON THE LABEL SHALL NOT BE  CONSIDERED  TO  BE  COMPLIED
WITH  UNLESS SUCH INFORMATION OR OTHER WORD OR STATEMENT ALSO APPEARS ON
THE OUTSIDE CONTAINER OR WRAPPER, IF ANY, OF THE RETAIL PACKAGE OF  SUCH
ARTICLE, OR IS EASILY LEGIBLE THROUGH THE OUTSIDE CONTAINER OR WRAPPER.
  (G)  "LABELING" MEANS ALL LABELS AND OTHER WRITTEN, PRINTED OR GRAPHIC
MATTER (I) UPON ANY ARTICLE OR ANY OF ITS  CONTAINERS  OR  WRAPPERS,  OR
(II) ACCOMPANYING SUCH ARTICLE; PROVIDED, IF AN ARTICLE IS ALLEGED TO BE
MISBRANDED BECAUSE THE LABELING IS MISLEADING, OR IF AN ADVERTISEMENT IS
ALLEGED  TO  BE  FALSE  BECAUSE  IT  IS MISLEADING, THEN, IN DETERMINING
WHETHER THE LABELING OR ADVERTISEMENT  IS  MISLEADING,  THERE  SHALL  BE
TAKEN INTO ACCOUNT, AMONG OTHER THINGS, NOT ONLY REPRESENTATIONS MADE OR
SUGGESTED BY STATEMENT, WORD, DESIGN, DEVICE OR SOUND OR ANY COMBINATION
THEREOF,  BUT  ALSO  THE  EXTENT  TO WHICH THE LABELING OR ADVERTISEMENT
FAILS TO REVEAL FACTS MATERIAL IN THE LIGHT OF SUCH  REPRESENTATIONS  OR
MATERIAL  WITH  RESPECT TO CONSEQUENCES WHICH MAY RESULT FROM THE USE OF
THE ARTICLE TO WHICH THE LABELING OR  ADVERTISEMENT  RELATES  UNDER  THE
CONDITIONS OF USE PRESCRIBED IN THE LABELING OR ADVERTISEMENT THEREOF OR
UNDER SUCH CONDITIONS OF USE AS ARE CUSTOMARY OR USUAL, AND PROVIDED THE
REPRESENTATION  OF A DRUG, IN ITS LABELING OR ADVERTISEMENT, AS AN ANTI-
SEPTIC SHALL BE CONSIDERED TO BE A REPRESENTATION THAT IT  IS  A  GERMI-
CIDE,  EXCEPT IN THE CASE OF A DRUG PURPORTING TO BE, OR REPRESENTED AS,
AN ANTISEPTIC FOR INHIBITORY USE AS A WET DRESSING, OINTMENT OR  DUSTING
POWDER  OR  FOR  SUCH  OTHER  USE AS INVOLVES PROLONGED CONTACT WITH THE
BODY.
  (H) "MANUFACTURER" MEANS A PERSON WHO PRODUCES FOOD INTENDED FOR HUMAN
CONSUMPTION OR SEED OR SEED STOCK THAT IS INTENDED TO PRODUCE  FOOD  FOR
HUMAN CONSUMPTION AND SELLS SUCH ITEM TO A RETAILER OR DISTRIBUTOR.
  (I)  "RAW AGRICULTURAL COMMODITY" MEANS ANY FOOD IN ITS RAW OR NATURAL
STATE, INCLUDING ALL FRUITS THAT ARE WASHED, COLORED OR OTHERWISE TREAT-
ED IN THEIR UNPEELED NATURAL FORM PRIOR TO MARKETING.
  (J) "RETAILER" MEANS A PERSON OR ENTITY THAT ENGAGES IN  THE  SALE  OF
FOOD INTENDED FOR HUMAN CONSUMPTION TO A CONSUMER.
  (K)  "SALE"  MEANS  ANY  AND  EVERY SALE AND INCLUDES (I) MANUFACTURE,
PROCESSING, PACKING, CANNING, BOTTLING OR ANY OTHER PRODUCTION, PREPARA-
TION OR PUTTING UP; (II) EXPOSURE, OFFER OR  ANY  OTHER  PROFFER;  (III)
HOLDING,  STORING  OR  ANY  OTHER  POSSESSING;  (IV) DISPENSING, GIVING,
DELIVERING, SERVING OR ANY OTHER SUPPLYING; AND (V)  APPLYING,  ADMINIS-
TERING OR ANY OTHER USING.
  2.  LABELING  OF  CONSUMABLE  COMMODITIES.  (A) CONSUMABLE COMMODITIES
SHALL BE LABELED AS FOLLOWS: (I) IN THE CASE OF SUCH FOOD THAT  IS  SOLD
WHOLESALE  AND  IS  NOT  INTENDED  FOR  RETAIL SALE, ON THE BILL OF SALE
ACCOMPANYING SUCH FOOD DURING SHIPPING, WITH THE CLEAR  AND  CONSPICUOUS
WORDS: "PRODUCED WITH GENETIC ENGINEERING";
  (II)  IN THE CASE OF SUCH FOOD FOR RETAIL SALE CONTAINED IN A PACKAGE,
INCLUDING  INFANT  FORMULA,  WITH  THE  CLEAR  AND  CONSPICUOUS   WORDS:
"PRODUCED WITH GENETIC ENGINEERING";
  (III)  IN  THE CASE OF SUCH FOOD THAT IS A RAW AGRICULTURAL COMMODITY,
ON THE PACKAGE OFFERED FOR RETAIL SALE OR,  IN  THE  CASE  OF  ANY  SUCH
COMMODITY  THAT  IS  NOT  SEPARATELY PACKAGED OR LABELED, ON THE BILL OF
SALE OR INVOICE FOR SUCH COMMODITY AND ON THE RETAIL STORE SHELF OR  BIN

A. 9113                             3

THAT HOLDS SUCH COMMODITY DISPLAYED FOR SALE WITH THE CLEAR AND CONSPIC-
UOUS WORDS: "PRODUCED WITH GENETIC ENGINEERING"; AND
  (IV)  IN  THE  CASE  OF  ANY SUCH SEED OR SEEK STOCK, ON THE CONTAINER
HOLDING THE SEED OR SEED STOCK DISPLAYED FOR SALE OR ON ANY LABEL  IDEN-
TIFYING  OWNERSHIP  OR  POSSESSION  OF  THE COMMODITY WITH THE CLEAR AND
CONSPICUOUS WORDS: "PRODUCED WITH GENETIC ENGINEERING".
  SUCH FOOD LABELING SHALL BE DISPLAYED IN THE SAME SIZE AND FONT AS THE
INGREDIENTS IN THE NUTRITIONAL FACTS PANEL ON THE FOOD LABEL.
  (B) THE REQUIREMENTS OF PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  NOT
APPLY TO ANY OF THE FOLLOWING: (I) ALCOHOLIC BEVERAGES;
  (II)  FOOD  INTENDED  FOR  HUMAN  CONSUMPTION THAT IS NOT PACKAGED FOR
RETAIL SALE AND THAT EITHER:  (A)  IS  A  PROCESSED  FOOD  PREPARED  AND
INTENDED  FOR IMMEDIATE CONSUMPTION, OR (B) IS SERVED, SOLD OR OTHERWISE
PROVIDED IN ANY RESTAURANT OR OTHER  FOOD  FACILITY  THAT  IS  PRIMARILY
ENGAGED IN THE SALE OF FOOD PREPARED AND INTENDED FOR IMMEDIATE CONSUMP-
TION;
  (III) FARM PRODUCTS THAT ARE SOLD BY A FARMER OR THE FARMER'S AGENT TO
A  CONSUMER  AT  A PICK-YOUR-OWN FARM, ROADSIDE STAND, ON-FARM MARKET OR
FARMERS' MARKET; AND
  (IV) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN  ANIMAL
THAT  WAS  NOT GENETICALLY ENGINEERED, REGARDLESS OF WHETHER SUCH ANIMAL
WAS FED OR INJECTED WITH ANY GENETICALLY-ENGINEERED  FOOD  OR  ANY  DRUG
THAT WAS PRODUCED THROUGH MEANS OF GENETIC ENGINEERING.
  (C) ANY PERSON SELLING, OFFERING FOR SALE, MANUFACTURING OR DISTRIBUT-
ING IN THIS STATE ANY FOOD, SEED OR SEED STOCK REQUIRED TO BE LABELED AS
PROVIDED  IN  PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE RESPONSIBLE FOR
ENSURING THAT SUCH FOOD, SEED OR SEED STOCK IS SO LABELED.
  (D) THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  BE
ENFORCED, WITHIN AVAILABLE APPROPRIATIONS, BY THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS.
  (E) ANY PERSON FOUND TO KNOWINGLY VIOLATE PARAGRAPH (A) OF THIS SUBDI-
VISION  SHALL  BE  LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND
DOLLARS PER DAY, PER PRODUCT. CALCULATION OF SUCH  CIVIL  PENALTY  SHALL
NOT  BE  MADE  OR MULTIPLIED BY THE NUMBER OF INDIVIDUAL PACKAGES OF THE
SAME PRODUCT DISPLAYED OR  OFFERED  FOR  RETAIL  SALE.  CIVIL  PENALTIES
ASSESSED  UNDER  THIS  PARAGRAPH  SHALL  ACCRUE AND BE ASSESSED PER EACH
UNIQUELY NAMED, DESIGNATED OR MARKETED PRODUCT.
  (F) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, A RETAILER SHALL NOT BE PENALIZED OR OTHERWISE HELD LIABLE FOR THE
FAILURE  TO  LABEL  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION UNLESS
(I) THE RETAILER IS THE PRODUCER OR THE MANUFACTURER OF  THE  GENETICAL-
LY-ENGINEERED  FOOD,  SEED OR SEED STOCK AND SELLS THE GENETICALLY-ENGI-
NEERED FOOD UNDER A BRAND IT OWNS, OR (II)  THE  RETAILER'S  FAILURE  TO
LABEL WAS KNOWING AND WILFUL.
  (G)  IN ANY ACTION IN WHICH IT IS ALLEGED THAT A RETAILER HAS VIOLATED
THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVISION,  IT  SHALL  BE  A
DEFENSE  THAT  SUCH  RETAILER  REASONABLY  RELIED  ON (I) ANY DISCLOSURE
CONCERNING GENETICALLY-ENGINEERED FOODS CONTAINED IN THE BILL OF SALE OR
INVOICE PROVIDED BY THE WHOLESALER OR DISTRIBUTOR PURSUANT TO  PARAGRAPH
(A) OF THIS SUBDIVISION, OR (II) THE LACK OF ANY SUCH DISCLOSURE.
  3.  RULES  AND  REGULATIONS.  (A)  THE  DEPARTMENT  OF AGRICULTURE AND
MARKETS SHALL ENFORCE THE IDENTIFICATION OF GENETICALLY MODIFIED  ORGAN-
ISMS  (GMOS)  IN  CONSUMABLE  COMMODITIES AND SHALL PROMULGATE RULES AND
REGULATIONS IN FURTHERANCE OF THE PROVISIONS SET FORTH IN THIS  SECTION;
AND

A. 9113                             4

  (B)  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS SHALL ADOPT ANY RULES
AND REGULATIONS NECESSARY FOR A SPECIAL TASK  FORCE  TO  BE  IMPLEMENTED
WITH  THE  CHARGE  OF  INVESTIGATING  THE FULL EFFECTS, BOTH HARMFUL AND
BENEFICIAL, OF USING GENETICALLY MODIFIED ORGANISMS (GMOS) IN CONSUMABLE
COMMODITIES.
  S 2. This act shall take effect immediately.