Bill Text: MN HF3140 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Consumer protection provided, and disclosure of genetically engineered food and seed required.

Sponsorship: Partisan Bill (Democrat 10)

Status: (Introduced - Dead) 2014-04-22 - Author added Allen [HF3140 Detail]

Download: Minnesota-2013-HF3140-Introduced.html

1.1A bill for an act
1.2relating to commerce; providing consumer protection; requiring disclosure
1.3of genetically engineered food and seed;proposing coding for new law in
1.4Minnesota Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [325F.1792] PURPOSE; CONSTRUCTION.
1.7    Subdivision 1. Purpose. Sections 325F.1792 to 325F.1798 prohibit advertising or
1.8sale of seed grown for human food if the seed is genetically engineered and that fact is not
1.9disclosed as required under section 325F.1794.
1.10    Subd. 2. Construction. Sections 325F.1792 to 325F.1798 shall be construed to
1.11supplement and not conflict with any federal law or regulation.

1.12    Sec. 2. [325F.1793] DEFINITIONS.
1.13    Subdivision 1. Applicability. For the purposes of sections 325F.1793 to 325F.1798,
1.14the terms in this section have the meanings given.
1.15    Subd. 2. Cultivated commercially. "Cultivated commercially" means grown or
1.16raised in the course of a business or trade and sold or offered for sale within this state or
1.17the United States generally.
1.18    Subd. 3. Distributor. "Distributor" means a person or business engaged in any
1.19method of distributing or transporting a food or food product intended for human
1.20consumption in this state from one place to another that the person or business did not
1.21produce.
1.22    Subd. 4. Enzyme. "Enzyme" means a protein that catalyzes chemical reactions of
1.23other substances without being destroyed or altered upon completion of the reactions.
2.1    Subd. 5. Genetically engineered and similar terms. "Genetically engineered,"
2.2"genetic engineering," "genetically modified," "genetic modification," "genetically
2.3manipulated," "genetic manipulation," or similar terms, when applied to human food,
2.4means a food that is produced from or with an organism or organisms with genetics altered
2.5materially through the application of: (1) in vitro and in vivo nucleic acid techniques,
2.6including recombinant ribonucleic acid (RNA) techniques, recombinant deoxyribonucleic
2.7acid (DNA) techniques, and the direct injection of nucleic acid into cells or organelles;
2.8or (2) methods of fusing cells beyond the taxonomic family that overcome natural
2.9physiological reproductive or recombinant barriers, and that are not techniques used in
2.10traditional breeding and selection such as conjugation, transduction, and hybridization.
2.11"Genetically engineered," "genetic engineering," "genetically modified," "genetic
2.12modification," "genetically manipulated," "genetic manipulation," or similar terms, when
2.13applied to human food, also mean a food derived from an organism that was treated with
2.14a genetically engineered material and a food that contains an ingredient, component, or
2.15other article that is genetically engineered.
2.16    Subd. 6. In vitro and in vivo nucleic acid techniques. "In vitro and in vivo
2.17nucleic acid techniques" means techniques, including but not limited to recombinant
2.18deoxyribonucleic acid techniques that use vector systems and techniques involving the
2.19direct introduction into the organisms of hereditary material or other nucleic acid molecules,
2.20such as RNAi, prepared outside the organisms, such as microinjection, macroinjection,
2.21chemoporation, electroportation, microencapsulation, and liposome fusion.
2.22    Subd. 7. Manufacturer. "Manufacturer" means a person or business engaged in the
2.23production or processing of seed, seed stock, food, or any food product.
2.24    Subd. 8. Organism. "Organism" means any biological entity capable of replication,
2.25reproduction, or transferring genetic material.
2.26    Subd. 9. Processed food. "Processed food" means any food other than a
2.27raw agricultural commodity and includes any food produced from a raw agricultural
2.28commodity that was processed through canning, smoking, pressing, cooking, freezing,
2.29dehydration, fermentation, or milling.
2.30    Subd. 10. Processing aid. "Processing aid" means:
2.31(1) a substance that is added to a food during the processing of the food but is
2.32removed from the food in some manner before the food is packaged in a final form;
2.33(2) a substance that is added to a food during processing, is converted into
2.34constituents normally present in the food, and does not significantly increase the amount
2.35of the constituents found in the food; or
3.1(3) a substance that is added to a food for its technical or functional effect in the
3.2processing but is present in the finished food at insignificant levels and does not have any
3.3technical or functional effect in the finished food.
3.4    Subd. 11. Retailer. "Retailer" means a person or business engaged in selling food
3.5from individuals or businesses to the end user. For the purposes of section 325F.1794,
3.6"retailer" does not mean a manufacturer when the manufacturer is also acting as a retailer
3.7with respect to the food item at issue.

3.8    Sec. 3. [325F.1794] DISCLOSURE OF GENETICALLY ENGINEERED FOOD
3.9OR SEED.
3.10    Subdivision 1. Disclosure required. On and after January 1, 2015, any food or seed
3.11sold or offered for sale in this state is misbranded if it is, or may have been, genetically
3.12engineered and that fact is not disclosed as follows:
3.13(1) in the case of the package offered for sale, the words "Produced with Genetic
3.14Engineering" shall be placed on the package offered for sale in a clear and conspicuous
3.15manner by the manufacturer;
3.16(2) in the case of a food, food product, or agricultural commodity that is not
3.17separately packaged or labeled, the words "Produced with Genetic Engineering" shall
3.18be placed on the container used for packaging, holding, or transporting in a clear and
3.19conspicuous manner by the manufacturer, and maintained by the distributor, and on
3.20the retail store shelf or bin in which the commodity is displayed for sale in a clear and
3.21conspicuous manner by the retailer;
3.22(3) in the case of any seed or seed stock, the words "Produced with Genetic
3.23Engineering" shall be placed on the seed or seed stock container, on the sales receipt, or on
3.24any other reference to identification, ownership, or possession in a clear and conspicuous
3.25manner by the manufacturer or other entity responsible for producing the seed or seed stock.
3.26    Subd. 2. Exceptions. (a) The requirements in subdivision 1 do not apply to a
3.27processed food that would be subject to this section solely because one or more processing
3.28aids or enzymes were produced or derived with genetic engineering.
3.29(b) A food package that contains a commodity or food produced in any way with
3.30genetic engineering that does not display a disclosure as required in subdivision 1, clause
3.31(1) or (2), shall be deemed misbranded in this state, except that:
3.32(1) the package must not be considered misbranded if it is for a commodity or food
3.33produced by a person who grows, raises, or otherwise produces the commodity or food
3.34without knowledge that the commodity or food was created with seed or other food that
3.35was derived in any way through a process of genetic engineering. The person must obtain
4.1a signed, written statement from the party that sold the seed or food to the person that
4.2the substance was not knowingly genetically engineered, was entirely segregated from,
4.3and has not knowingly been commingled with a food or food component that may have
4.4been created through genetic engineering; or
4.5(2) the package will not be considered misbranded if it is a processed food that
4.6would be subject to this disclosure requirement solely because it includes one or more
4.7materials produced with genetic engineering, provided that the genetically engineered
4.8materials in the aggregate do not account for more than nine-tenths of one percent of the
4.9total weight of the processed food.
4.10(c) The use of manure as a fertilizer for a raw agricultural commodity must not be
4.11construed to mean that the commodity was produced with a genetically engineered material.
4.12(d) A person who initially provides the affirmation required in paragraph (b), clause
4.13(1), may rely on a sworn statement maintained by the person's supplier that contains
4.14the required affirmation.
4.15(e) The disclosure requirements of this section do not apply to food intended for
4.16human consumption that is not packaged for retail sale and that either (1) is a processed
4.17food prepared and intended for immediate consumption, or (2) is served, sold, or otherwise
4.18provided in any restaurant or other food facility that is primarily engaged in the sale of
4.19food prepared and intended for immediate consumption.
4.20(f) The disclosure requirements of this section do not apply to food consisting
4.21entirely of, or derived entirely from, an animal that was not genetically engineered,
4.22regardless of whether such animal was fed or injected with any genetically engineered
4.23food or any drug that was produced through means of genetic engineering.
4.24(g) The disclosure requirements of this section do not apply to food, food products,
4.25seed, or seed stock certified as "organic" under the Organic Foods Production Act of 1990,
4.26United States Code, title 7, section 6501, et seq., and its implementing regulations.
4.27(h) A person or entity who unknowingly produces, transports, or sells agricultural
4.28commodities that (1) have been affected by the unintended presence of genetically
4.29engineered materials, and (2) were grown on land owned or operated by that person or
4.30entity, shall not be found liable or negligent in any civil proceeding brought to enforce
4.31this chapter.
4.32    Subd. 3. Rulemaking. The commissioner of commerce may adopt rules to
4.33implement this section.

4.34    Sec. 4. [325F.1795] THIRD-PARTY PROTECTION.
5.1A retailer that sells or advertises a processed food product, when the product fails
5.2to conform to the disclosure requirements under section 325F.1794, shall not be found
5.3liable or negligent in any civil proceeding brought to enforce this chapter. Protection
5.4afforded by this section does not apply to fruit, vegetables, or animals produced with
5.5genetic engineering.

5.6    Sec. 5. [325F.1796] MISBRANDING OF NATURAL FOODS PROHIBITED.
5.7A food, food product, seed, or seed stock that is subject to disclosure under section
5.8325F.1794 may not be described on the label, packaging, or by similar identification as
5.9"natural."

5.10    Sec. 6. [325F.1797] ENFORCEMENT; PRIVATE ACTION PROHIBITED.
5.11The commissioner of commerce shall enforce sections 325F.1793 to 325F.1796.
5.12There is no private right of action to enforce sections 325F.1793 to 325F.1796.

5.13    Sec. 7. [325F.1798] SEVERABILITY.
5.14If any provision of this act or its application to any person or circumstance is
5.15held invalid or in violation of the state or United States Constitution or any other law
5.16of the United States, the invalidity or the violation shall not affect other provisions of
5.17sections 325F.1792 to 325F.1798 that can be given effect without the invalid provision or
5.18application, and to this end, the provisions of this act are severable.

5.19    Sec. 8. FINDINGS.
5.20The legislature finds that:
5.21(1) the state regulates the release of genetically engineered organisms under
5.22Minnesota Statutes, chapter 18F;
5.23(2) the state requires that an environmental impact statement be completed prior to
5.24development of genetically engineered wild rice;
5.25(3) Minnesota Statutes, sections 31.021 to 31.103 and 34A.03, establish requirements
5.26for the labeling of food sold in Minnesota;
5.27(4) 64 countries require that foods containing ingredients derived from genetically
5.28engineered crops be labeled as such;
5.29(5) three states (Connecticut, Maine, and Alaska) have adopted genetically
5.30engineered organism labeling statutes;
5.31(6) the free market is dependent on the provision of truthful and transparent
5.32information regarding products offered for sale;
6.1(7) markets for identity-preserved (IP), nongenetically engineered organism crops
6.2and products are expanding rapidly, providing opportunities for Minnesota agricultural
6.3producers and food processors;
6.4(8) polls consistently show overwhelming support for the mandatory labeling of
6.5foods containing genetically engineered organisms;
6.6(9) researchers at the University of Minnesota have attributed the decline in Monarch
6.7butterfly populations to the widespread planting of genetically engineered organism crops;
6.8(10) research in Indiana has shown that toxins in genetically engineered Bt corn
6.9persist in soil and water and cause mortality among aquatic organisms;
6.10(11) research in Iowa has established that genetically engineered organism soybeans
6.11contain high levels of glyphosate, while nongenetically engineered organism soybeans
6.12contain no such residues;
6.13(12) research in Iowa has also shown that female hogs fed genetically engineered
6.14organism feeds for 22 weeks had significantly heavier uteri and all hogs had significantly
6.15higher levels of digestive system problems than hogs fed nongenetically engineered
6.16organism rations;
6.17(13) research in France has shown that rats fed genetically engineered corn for
6.18their entire lives develop tumors and die earlier than rats fed normal corn, while research
6.19in Canada has shown that Bt toxins in genetically engineered organism corn cross the
6.20placental barrier and are found in fetal cord blood;
6.21(14) over 20 weed species in the United States have developed herbicide resistance
6.22since the introduction of genetically engineered organism crops, leading to an increase in
6.23herbicide use and increased costs for producers;
6.24(15) according to researchers in Minnesota, Iowa, and Illinois, corn rootworms have
6.25developed resistance to Bt toxins in genetically engineered organism corn, leading to an
6.26increase in insecticide use and increased costs for producers;
6.27(16) the costs of agricultural seeds have more than tripled since the introduction of
6.28patented genetically engineered organism crops;
6.29(17) the establishment of mandatory genetically engineered organism labeling
6.30and traceability will contribute to functional coexistance between farmers who grow
6.31genetically engineered organism, nongenetically engineered organism, and organic crops
6.32by reducing transaction costs (delayed planting, isolation buffers, testing) for producers
6.33who choose not to grow genetically engineered organism crops; and
6.34(18) genetically engineered organism labeling will provide consumer choice and
6.35expand market opportunities for Minnesota's agricultural producers and food processors.

7.1    Sec. 9. EFFECTIVE DATE.
7.2Sections 1 to 8 are effective August 1, 2015.
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