Provides for the labeling of raw agricultural commodities, processed foods, seed, and seed stock produced with genetic engineering

16 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Phil Boyle
• David Carlucci
• Martin Malavé Dilan
• Adriano Espaillat
• Brad Hoylman-Sigal
• Liz Krueger
• George Latimer
• Jack M. Martins
• Velmanette Montgomery
• Kevin S. Parker
• Bill Perkins
• Joseph E. Robach
• José M. Serrano
• Malcolm A. Smith

BILL NUMBER:S3835B

Title of bill

An act to amend the general business law and the agriculture and markets law, in relation to the labeling of genetically modified foods

Purpose

To require the labeling of genetically modified foods and other consumable products made from genetically modified materials.

Summary of provisions

Section 1. Sets forth the legislative intent.

Section 2. Defines genetically engineered foods and provides for exemptions from labeling under certain circumstances.

Section 3 and 4. Makes conforming changes to the Agriculture and Markets Law.

Section 5. Provides the severability clause.

Section 6. Sets forth the effective date.

Justification

In the past few decades, genetic engineering has enabled the development of new foods and crops. Genetic engineering is a process which allows for the altering of the genetic material contained in an organism to change the characteristics the organism will display as it develops. The introduction of these new genes is no longer limited to genes from similar species, as the genes from animals or other plant species can be added to create new character traits within a particular organism. The genes are generally introduced into the cells of the organism with the use of viruses, antibiotic-resistant genes, and bacteria. The emergence of these new crops has initiated debate among countries, scientists, farmers, and environmentalists.

A variety of plants are being grown that contain genetically modified organisms, including corn, canola, cotton, wheat, apples and strawberries. It has been estimated that 60-70% of packaged grocery products contain some genetically modified organism ingredients. Consumers should be provided the information necessary to make informed decisions when choosing food products for their families. This legislation requires that the information be provided through product labeling requirement.

Legislative history

2011-12 S.3908/A.1367; 2009-10 S.2052/A.500; S.3525A.6075, 2007-08; S.1637/A.3165, 2005- 06; S.1834/A.4206, 2003-04; S.3348/A.6778, 2001-02.

Fiscal implications

None to the state.

Effective date

This act shall take effect twenty four months after it shall have become a law; provided, however, that effective immediately, the Department 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; provided further, 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 engineering is implemented, provided however, that nothing contained herein shall prevent the State from exercising any concurrent authority authorized by federal law.