A 3716
Version: Introduced
Author: Rivera P
STATE OF NEW YORK
3716
2011-2012 Regular Sessions
IN ASSEMBLY
January 26, 2011
Introduced by M. of A. P. RIVERA, PEOPLES-STOKES, ORTIZ, McENENY, COLTON
-Multi-Sponsored by -M. of A. CLARK, CROUCH, GUNTHER, HOYT, JACOBS, LIFTON,
LUPARDO, MILLMAN -read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the labeling
requirements for seeds which are or include genetically engineered organisms
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
Section 1. Section 136 of the agriculture and markets law is amended by adding
two new subdivisions 22 and 23 to read as follows:
22. The term "modern biotechnology" means:
(a) In vitro nucleic acid techniques, including recombinant
deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or
organelles that overcome natural physiological reproductive or recombinant
barriers and that are not techniques used in traditional breeding and
selection. Such techniques shall also include, but not be limited to,
recombinant deoxyribonucleic acid techniques that use vector systems and
techniques involving the direct introduction into the organism of hereditary
materials prepared outside the organism such as micro-injection,
macro-injection, chemoporation, micro-encapsulation and liposome fusion.
(b) Fusion of cells beyond the taxonomic family, including protoplast
fusion or hybridization techniques, that overcome natural physiological
reproductive or recombinant barriers where the donor cells or protoplasts do
not fall within the same taxonomic family and that are not techniques used in
traditional breeding and selection.
23. The term "genetically engineered organism" means an organism in which
the genetic material has been changed through modern biotechnology in a way
that does not occur naturally by multiplication and/or natural
recombination. Section 2. Section 137 of the agriculture and markets law
is amended by adding a new subdivision I to read as follows:
I. For all seeds which are or include genetically engineered organisms.
The following in not less than ten point type:
1. The words "These are genetically engineered seeds".
2. The identity of the relevant traits or characteristics introduced into
such seed using modern biotechnology.
3. Any requirements for the safe handling, storage, transport and use of
the seed.
4. The name, address and telephone number of the manufacturer of the
seed.
5. The name and address of the person who labeled said seed or who sells,
offers for sale or exposes said seed for sale within this state.
Section 3. The opening paragraph of section 139 of the agriculture and markets
law, as added by chapter 631 of the laws of 1955, is amended to read as
follows:
The provisions of this article
do, with the exception of
subdivision I of section one hundred thirty-seven of this article, shall
not apply
to the following:
Section 4. The three undesignated paragraphs of section 142 of the agriculture
and markets law are designated subdivisions 1, 2 and 3, and a new subdivision 4
is added to read as follows:
4. The commissioner shall promulgate such rules and regulations as shall
be necessary to implement the provisions of subdivision I of section one
hundred thirty-seven of this article in relation to the labeling of seeds which
are or include genetically engineered organisms, taking into consideration: the
origins of the seed, the presence of weed seeds, mixtures, hermetically sealed
containers, coated seeds, crop seeds, genetically engineered material,
genetically engineered plant parts, hybrids, germination medium and pre-planted
containers.
Section 5. This act shall take effect on the sixtieth day after it shall have
become a law.