Bill Text: NY A02166 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the agriculture and markets law, in relation to genetically modified crops

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2010-01-06 - referred to agriculture [A02166 Detail]

Download: New_York-2009-A02166-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2166
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M.  of  A. McENENY, BRODSKY, COOK, ENGLEBRIGHT, ORTIZ --
         Multi-Sponsored by -- M.  of A. BRENNAN, COLTON, DINOWITZ,  EDDINGTON,
         GLICK,  HOYT,  MARKEY  --  read  once and referred to the Committee on
         Agriculture
       AN ACT to amend the agriculture and markets law, in relation  to  genet-
         ically modified crops
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 27 and sections 450, 451, 452, 453, 454 and 455  of
    2  the  agriculture  and  markets law, as renumbered by chapter 1047 of the
    3  laws of 1965, are renumbered article 29 and sections 600, 601, 602, 603,
    4  604 and 605 and a new article 27 is added to read as follows:
    5                                 ARTICLE 27
    6                         GENETICALLY MODIFIED CROPS
    7  SECTION 450. LEGISLATIVE FINDINGS.
    8          451. DEFINITIONS.
    9          452. PLANTING OF CROPS.
   10          453. MARKETING PLAN.
   11    S 450. LEGISLATIVE FINDINGS. THE LEGISLATURE  FINDS  THAT  GENETICALLY
   12  MODIFIED  CROPS  POSE RISKS OF UNKNOWN DIMENSION TO HUMAN HEALTH AND THE
   13  ENVIRONMENT, AND THAT DRAMATIC INCREASES IN THE PLANTING AND CONSUMPTION
   14  OF SUCH CROPS OVER THE PAST SEVERAL YEARS HAVE FAR OUTPACED  OUR  UNDER-
   15  STANDING  OF THEIR IMMEDIATE AND LONG-TERM EFFECTS. FURTHERMORE, BECAUSE
   16  THE EXCHANGE OF GENETIC MATERIAL BETWEEN GENETICALLY MODIFIED CROPS  AND
   17  CONVENTIONAL CROPS, WILD PLANTS, AND ORGANISMS IS KNOWN TO OCCUR, GENET-
   18  ICALLY  MODIFIED  MATERIAL AND ANY ADVERSE CHARACTERISTICS IT CONFERS OR
   19  PROMOTES CAN BE IRREVOCABLY DISPERSED INTO THE  WIDER  ENVIRONMENT.  THE
   20  LIST OF POTENTIAL HAZARDS OF CONCERN INCLUDES BUT IS NOT LIMITED TO: THE
   21  DEVELOPMENT OF INSECT AND WEED RESISTANCE TO PESTICIDES; INJURY OR DEATH
   22  OF  NON-TARGET  SPECIES;  CROP  LOSS  FROM  SEEDS  THAT  DO NOT YIELD AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05606-01-9
       A. 2166                             2
    1  EXPECTED OR THAT PRODUCE  CROPS  WITH  UNEXPECTED  CHARACTERISTICS;  AND
    2  ALLERGENICITY,  TOXICITY,  OR DECREASED NUTRITIONAL VALUE OF GENETICALLY
    3  MODIFIED CROPS. THE LEGISLATURE FURTHER FINDS THAT FOODS  PRODUCED  FROM
    4  GENETICALLY  MODIFIED CROPS ARE INCREASINGLY BEING REJECTED BY DISTRIBU-
    5  TORS, PROCESSORS, RETAILERS AND CONSUMERS ALIKE  IN  BOTH  DOMESTIC  AND
    6  INTERNATIONAL  MARKETS.  THE GROWTH OF GENETICALLY MODIFIED CROPS IN NEW
    7  YORK STATE THUS PLACES ALL STATE FARMERS AT  RISK  IN  THE  MARKETPLACE.
    8  THOSE  WHO  INTENTIONALLY PLANT GENETICALLY MODIFIED CROPS AND KNOWINGLY
    9  ACCEPT THE MARKETPLACE RISK ALSO PLACE AT RISK THOSE WHO  PLANT  CONVEN-
   10  TIONAL  CROPS,  WHICH CAN BE UNINTENTIONALLY CONTAMINATED BY GENETICALLY
   11  MODIFIED CROPS. A MORATORIUM ON THE PLANTING AND GROWING OF  GENETICALLY
   12  MODIFIED  CROPS IN NEW YORK STATE WILL ENHANCE THE VALUE AND PROTECT THE
   13  REPUTATION OF NEW  YORK  STATE'S  AGRICULTURAL  PRODUCTS,  CONFERRING  A
   14  SIGNIFICANT  MARKETING ADVANTAGE WHILE PRESERVING THE STATE'S ECOLOGICAL
   15  HEALTH. FOR THESE REASONS, THE LEGISLATURE ESTABLISHES A  MORATORIUM  ON
   16  THE  PLANTING  AND  GROWING  OF  GENETICALLY  MODIFIED CROPS IN NEW YORK
   17  STATE.
   18    S 451. DEFINITIONS. AS USED  IN  THIS  ARTICLE  "GENETICALLY  MODIFIED
   19  CROPS"  SHALL  MEAN  CROPS  PRODUCED  FROM PLANT VARIETIES CREATED USING
   20  TECHNIQUES THAT ALTER THE MOLECULAR OR CELL BIOLOGY OF  AN  ORGANISM  BY
   21  MEANS  THAT  ARE  NOT  POSSIBLE  UNDER  NATURAL CONDITIONS OR PROCESSES.
   22  GENETIC MODIFICATION SHALL INCLUDE RECOMBINANT DNA, CELL FUSION,  MICRO-
   23  AND  MACRO-ENCAPSULATION,  GENE DELETION AND DOUBLING, INTRODUCTION OF A
   24  FOREIGN GENE, AND GENE REPOSITIONING. IT SHALL NOT INCLUDE  CROP  BREED-
   25  ING, CONJUGATION, FERMENTATION, HYBRIDIZATION, AND TISSUE CULTURE.
   26    S 452. PLANTING OF CROPS. NO GENETICALLY MODIFIED CROPS MAY BE PLANTED
   27  OR  GROWN  IN  THE  STATE FOR A PERIOD OF FIVE YEARS AFTER THE EFFECTIVE
   28  DATE OF THIS ARTICLE. THIS SECTION SHALL NOT APPLY TO PLANTING AND GROW-
   29  ING GENETICALLY MODIFIED CROPS SOLELY  FOR  THE  PURPOSE  OF  CONDUCTING
   30  RESEARCH AND NOT FOR SALE, USE OR CONSUMPTION BY THE PUBLIC. GROWING AND
   31  PLANTING OF GENETICALLY MODIFIED CROPS FOR RESEARCH PURPOSES SHALL BE IN
   32  AN  ENCLOSED  FACILITY  OR ON AN OUTDOOR PLOT OF LAND NOT MORE THAN FIVE
   33  ACRES AT LEAST SIX HUNDRED SIXTY FEET FROM ANY OTHER PLOT USED  FOR  THE
   34  PLANTING  AND  GROWING OF CROPS. NO ONE LOCATION SHALL EXCEED A COMBINED
   35  TOTAL OF TEN ACRES OF LAND FOR PLANTING AND GROWING OF GENETICALLY MODI-
   36  FIED CROPS.
   37    S 453. MARKETING PLAN. THE DEPARTMENT SHALL PREPARE A  MARKETING  PLAN
   38  THAT  USES THE MORATORIUM AS A PROMOTIONAL TOOL FOR NEW YORK STATE AGRI-
   39  CULTURAL PRODUCTS.
   40    S 2. This act shall take effect on the first of January next  succeed-
   41  ing the date on which it shall have become a law.