Legal Question in Consumer Law in New York

Re: Genetically modified food

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

You have stepped into a very, very contentious issue.

There are some packaging laws that cover some altered foods, but it seems to me that they generally don't apply to restaurants, which is what your facility probably is, especially when they serve prepared foods. I don't think any State laws have a blanket prohibition against such food, especially in as much as the market largely accepts them in commerce, or prohibit them when known to be altered. Few if any smaller jurisdictions require labelling or detailed ingredient lists.

Some more abstract claims, such as fraud, deceptive business practices, and so forth, may be viable, but it probably depends on what your contract with the vendor says or does not say, and this may be too big and costly for a single plaintiff. Your county health department may be able to get involved too if the source of the food is questionable or if preparation is questionable.

Your best bet would be to avoid the food if you can, but if there is a mandatory meal plan, you may be able to get exempted if your feelings are so strong and the school won't give you any acceptible alternative. One possible alternate is to insist on certified Kosher or Hallal food. It is doubtful that any of the certifying authorities permit genetically altered, irradiated, or other alternative foods to get the green light for strictly religious adherents.

First try on your own, then begin with lawyers or public interest groups.

As I mentioned before, this is something that you may want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900