Enacts the "New York Right to Know Genetically Engineered Food Act"

Summary of specific provisions

Section 1 of the bill specifies that the legislation shall be cited as the "New York right to know genetically engineered food act."

Section 2 is the legislative intent.

Section 3 amends the general business law by adding a new article 16-A which provides:

1. Section 266-a sets forth the definitions for cultivated commercially, enzyme, genetically engineered, processed food, processing aid and food processing establishment.

2. Section 266-b specifies that beginning July 1, 2015, any food offered for retail sale in New York is misbranded if it is or may have been entirely or partially produced with genetic engineering and that fact is not disclosed and specifies the disclosure required.

3. Section 266-c prohibits genetically engineered food and processed food as defined in Section 266-a from stating or implying on its label, accompanying signage in a retail store, or in any advertising or promotional materials that the food is "natural," "naturally made," "naturally grown," "all natural," or any other words of similar import that would have any tendency to mislead the consumer.

4.Section 266-d provides that the requirements of section 266-b shall not apply to;

(a) Food consisting entirely of, or derived entirely from, an animal that has not itself been genetically engineered.

(b) A raw agricultural commodity or food derived from such commodity that has been grown, raised, or produced without the knowing and intentional use of genetically engineered seed or food.

(c) Any processed food that would be subject to section 266-b of this article solely because it includes one or more genetically engineered processing aids or enzymes.

(d) Any alcoholic beverage.

(e) Until July 1, 2020, any processed food that would be subject to section 266-b solely because it includes one or more genetically engineered ingredients, provided that: (i) no single ingredient

accounts for more than one-half of 1 percent of the total weight of such processed food; and

(ii) the processed food does not contain more than ten such ingredients.

(f) Food that an independent organization has determined has not been knowingly and intentionally produced from or commingled with genetically engineered seed or genetically modified food, provided that such determination is made pursuant to a sampling and testing procedure approved in regulations adopted by the department of agriculture and markets.

(g) Food that has been lawfully certified to be labeled, marketed, and offered for sale as "organic" pursuant to the federal Organic Food Products Act of 1990 and the regulations promulgated pursuant thereto by the United States Department of Agriculture.

(h) Food that is not packaged for retail 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 or other food facility that is primarily engaged in the sale of food prepared and intended for immediate human consumption.

(i) Medical food.

5. Section 266-e authorizes the commissioner of agriculture and markets to institute an action to enforce compliance with any provisions of this article or rules and regulations promulgated thereunder including injunctive relief if necessary to protect the public interest without being compelled to allege or prove that an adequate remedy at law does not exist.

Section 4 is the effective date.

Justification

Genetic engineering is the process of changing the genetic material of a living organism to produce some desired change in that organism's characteristics as it develops. Genetically modified food has DNA that was artificially altered in a laboratory using genes from viruses, bacteria, or other plants or animals.

A variety of plants are being grown that contain genetically modified organisms, including corn, canola, cotton, wheat, soybeans, apples and strawberries. In addition, it is estimated that 60-70% of packaged grocery products contain some genetically modified organism ingredients.

The emergence of these new crops has initiated debate among countries, scientists, farmers and environmentalists. Because genetically engi- neered foods are controversial over 40 countries around the world require labels for genetically modified foods.

The food we buy already has nutritional information on the labels. With this legislation consumers will have information, in plain language, if the food they are purchasing was genetically modified.

There are no long-term health studies that have proven that genetically engineered food is safe for humans. Consumers should know what is in the food they are buying so they can decide for themselves and their families what foods they will purchase and eat. Whether a person buys genetically engineered food or not, they have a right to what they are buying.

Legislative history

None.

Fiscal implications

None to the State.

Effective date

The act shall take effect sixty days after it becomes law.