Bill Text: MN HF3349 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Genetically engineered food and seed disclosure required, and consumer protection provided.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2014-04-24 - Author added Laine [HF3349 Detail]
Download: Minnesota-2013-HF3349-Introduced.html
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] DEFINITIONS.
1.7 Subdivision 1. Applicability. For the purposes of sections 325F.1792 to 325F.1796,
1.8the terms in this section have the meanings given.
1.9 Subd. 2. Cultivated commercially. "Cultivated commercially" means grown or
1.10raised in the course of a business or trade and sold or offered for sale within this state or
1.11the United States generally.
1.12 Subd. 3. Distributor. "Distributor" means a person or business engaged in any
1.13method of distributing or transporting a food or food product intended for human
1.14consumption in this state from one place to another that the person or business did not
1.15produce.
1.16 Subd. 4. Enzyme. "Enzyme" means a protein that catalyzes chemical reactions of
1.17other substances without being destroyed or altered upon completion of the reactions.
1.18 Subd. 5. Genetically engineered and similar terms. "Genetically engineered,"
1.19"genetic engineering," "genetically modified," "genetic modification," "genetically
1.20manipulated," "genetic manipulation," or similar terms, when applied to human food,
1.21means a food that is produced from or with an organism or organisms with genetics altered
1.22materially through the application of: (1) in vitro and in vivo nucleic acid techniques,
1.23including recombinant ribonucleic acid (RNA) techniques, recombinant deoxyribonucleic
1.24acid (DNA) techniques, and the direct injection of nucleic acid into cells or organelles;
2.1or (2) methods of fusing cells beyond the taxonomic family that overcome natural
2.2physiological reproductive or recombinant barriers, and that are not techniques used in
2.3traditional breeding and selection such as conjugation, transduction, and hybridization.
2.4"Genetically engineered," "genetic engineering," "genetically modified," "genetic
2.5modification," "genetically manipulated," "genetic manipulation," or similar terms, when
2.6applied to human food, also mean a food derived from an organism that was treated with
2.7a genetically engineered material and a food that contains an ingredient, component, or
2.8other article that is genetically engineered.
2.9 Subd. 6. In vitro and in vivo nucleic acid techniques. "In vitro and in vivo
2.10nucleic acid techniques" means techniques, including but not limited to recombinant
2.11deoxyribonucleic acid techniques that use vector systems and techniques involving the
2.12direct introduction into the organisms of hereditary material or other nucleic acid molecules,
2.13such as RNAi, prepared outside the organisms, such as microinjection, macroinjection,
2.14chemoporation, electroportation, microencapsulation, and liposome fusion.
2.15 Subd. 7. Manufacturer. "Manufacturer" means a person or business engaged in the
2.16production or processing of seed, seed stock, food, or any food product.
2.17 Subd. 8. Organism. "Organism" means any biological entity capable of replication,
2.18reproduction, or transferring genetic material.
2.19 Subd. 9. Processed food. "Processed food" means any food other than a
2.20raw agricultural commodity and includes any food produced from a raw agricultural
2.21commodity that was processed through canning, smoking, pressing, cooking, freezing,
2.22dehydration, fermentation, or milling.
2.23 Subd. 10. Processing aid. "Processing aid" means:
2.24(1) a substance that is added to a food during the processing of the food but is
2.25removed from the food in some manner before the food is packaged in a final form;
2.26(2) a substance that is added to a food during processing, is converted into
2.27constituents normally present in the food, and does not significantly increase the amount
2.28of the constituents found in the food; or
2.29(3) a substance that is added to a food for its technical or functional effect in the
2.30processing but is present in the finished food at insignificant levels and does not have any
2.31technical or functional effect in the finished food.
2.32 Subd. 11. Retailer. "Retailer" means a person or business engaged in selling food
2.33from individuals or businesses to the end user. For the purposes of section 325F.1793,
2.34"retailer" does not mean a manufacturer when the manufacturer is also acting as a retailer
2.35with respect to the food item at issue.
3.1 Sec. 2. [325F.1793] DISCLOSURE OF GENETICALLY ENGINEERED FOOD
3.2OR SEED.
3.3 Subdivision 1. Disclosure required. On and after January 1, 2015, any food or seed
3.4sold or offered for sale in this state is misbranded if it is, or may have been, genetically
3.5engineered and that fact is not disclosed as follows:
3.6(1) in the case of the package offered for sale, the words "Produced with Genetic
3.7Engineering" shall be placed on the package offered for sale in a clear and conspicuous
3.8manner by the manufacturer;
3.9(2) in the case of a food, food product, or agricultural commodity that is not
3.10separately packaged or labeled, the words "Produced with Genetic Engineering" shall
3.11be placed on the container used for packaging, holding, or transporting in a clear and
3.12conspicuous manner by the manufacturer, and maintained by the distributor, and on
3.13the retail store shelf or bin in which the commodity is displayed for sale in a clear and
3.14conspicuous manner by the retailer;
3.15(3) in the case of any seed or seed stock, the words "Produced with Genetic
3.16Engineering" shall be placed on the seed or seed stock container, on the sales receipt, or on
3.17any other reference to identification, ownership, or possession in a clear and conspicuous
3.18manner by the manufacturer or other entity responsible for producing the seed or seed stock.
3.19 Subd. 2. Exceptions. (a) The requirements in subdivision 1 do not apply to a
3.20processed food that would be subject to this section solely because one or more processing
3.21aids or enzymes were produced or derived with genetic engineering.
3.22(b) A food package that contains a commodity or food produced in any way with
3.23genetic engineering that does not display a disclosure as required in subdivision 1, clause
3.24(1) or (2), shall be deemed misbranded in this state, except that:
3.25(1) the package must not be considered misbranded if it is for a commodity or food
3.26produced by a person who grows, raises, or otherwise produces the commodity or food
3.27without knowledge that the commodity or food was created with seed or other food that
3.28was derived in any way through a process of genetic engineering. The person must obtain
3.29a signed, written statement from the party that sold the seed or food to the person that
3.30the substance was not knowingly genetically engineered, was entirely segregated from,
3.31and has not knowingly been commingled with a food or food component that may have
3.32been created through genetic engineering; or
3.33(2) the package will not be considered misbranded if it is a processed food that
3.34would be subject to this disclosure requirement solely because it includes one or more
3.35materials produced with genetic engineering, provided that the genetically engineered
4.1materials in the aggregate do not account for more than nine-tenths of one percent of the
4.2total weight of the processed food.
4.3(c) The use of manure as a fertilizer for a raw agricultural commodity must not be
4.4construed to mean that the commodity was produced with a genetically engineered material.
4.5(d) A person who initially provides the affirmation required in paragraph (b), clause
4.6(1), may rely on a sworn statement maintained by the person's supplier that contains
4.7the required affirmation.
4.8(e) The disclosure requirements of this section do not apply to food intended for
4.9human consumption that is not packaged for retail sale and that either (1) is a processed
4.10food prepared and intended for immediate consumption, or (2) is served, sold, or otherwise
4.11provided in any restaurant or other food facility that is primarily engaged in the sale of
4.12food prepared and intended for immediate consumption.
4.13(f) The disclosure requirements of this section do not apply to food consisting
4.14entirely of, or derived entirely from, an animal that was not genetically engineered,
4.15regardless of whether such animal was fed or injected with any genetically engineered
4.16food or any drug that was produced through means of genetic engineering.
4.17(g) The disclosure requirements of this section do not apply to food, food products,
4.18seed, or seed stock certified as "organic" under the Organic Foods Production Act of 1990,
4.19United States Code, title 7, section 6501, et seq., and its implementing regulations.
4.20(h) A person or entity who unknowingly produces, transports, or sells agricultural
4.21commodities that (1) have been affected by the unintended presence of genetically
4.22engineered materials, and (2) were grown on land owned or operated by that person or
4.23entity, shall not be found liable or negligent in any civil proceeding brought to enforce
4.24this chapter.
4.25 Subd. 3. Rulemaking. The commissioner of commerce may adopt rules to
4.26implement this section.
4.27 Sec. 3. [325F.1794] THIRD-PARTY PROTECTION.
4.28A retailer that sells or advertises a processed food product, when the product fails
4.29to conform to the disclosure requirements under section 325F.1793, shall not be found
4.30liable or negligent in any civil proceeding brought to enforce this chapter. Protection
4.31afforded by this section does not apply to fruit, vegetables, or animals produced with
4.32genetic engineering.
4.33 Sec. 4. [325F.1795] MISBRANDING OF NATURAL FOODS PROHIBITED.
5.1A food, food product, seed, or seed stock that is subject to disclosure under section
5.2325F.1793 may not be described on the label, packaging, or by similar identification as
5.3"natural."
5.4 Sec. 5. [325F.1796] ENFORCEMENT.
5.5The commissioner of commerce shall have the powers granted under section 45.027
5.6to enforce sections 325F.1792 to 325F.1796.
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] DEFINITIONS.
1.7 Subdivision 1. Applicability. For the purposes of sections 325F.1792 to 325F.1796,
1.8the terms in this section have the meanings given.
1.9 Subd. 2. Cultivated commercially. "Cultivated commercially" means grown or
1.10raised in the course of a business or trade and sold or offered for sale within this state or
1.11the United States generally.
1.12 Subd. 3. Distributor. "Distributor" means a person or business engaged in any
1.13method of distributing or transporting a food or food product intended for human
1.14consumption in this state from one place to another that the person or business did not
1.15produce.
1.16 Subd. 4. Enzyme. "Enzyme" means a protein that catalyzes chemical reactions of
1.17other substances without being destroyed or altered upon completion of the reactions.
1.18 Subd. 5. Genetically engineered and similar terms. "Genetically engineered,"
1.19"genetic engineering," "genetically modified," "genetic modification," "genetically
1.20manipulated," "genetic manipulation," or similar terms, when applied to human food,
1.21means a food that is produced from or with an organism or organisms with genetics altered
1.22materially through the application of: (1) in vitro and in vivo nucleic acid techniques,
1.23including recombinant ribonucleic acid (RNA) techniques, recombinant deoxyribonucleic
1.24acid (DNA) techniques, and the direct injection of nucleic acid into cells or organelles;
2.1or (2) methods of fusing cells beyond the taxonomic family that overcome natural
2.2physiological reproductive or recombinant barriers, and that are not techniques used in
2.3traditional breeding and selection such as conjugation, transduction, and hybridization.
2.4"Genetically engineered," "genetic engineering," "genetically modified," "genetic
2.5modification," "genetically manipulated," "genetic manipulation," or similar terms, when
2.6applied to human food, also mean a food derived from an organism that was treated with
2.7a genetically engineered material and a food that contains an ingredient, component, or
2.8other article that is genetically engineered.
2.9 Subd. 6. In vitro and in vivo nucleic acid techniques. "In vitro and in vivo
2.10nucleic acid techniques" means techniques, including but not limited to recombinant
2.11deoxyribonucleic acid techniques that use vector systems and techniques involving the
2.12direct introduction into the organisms of hereditary material or other nucleic acid molecules,
2.13such as RNAi, prepared outside the organisms, such as microinjection, macroinjection,
2.14chemoporation, electroportation, microencapsulation, and liposome fusion.
2.15 Subd. 7. Manufacturer. "Manufacturer" means a person or business engaged in the
2.16production or processing of seed, seed stock, food, or any food product.
2.17 Subd. 8. Organism. "Organism" means any biological entity capable of replication,
2.18reproduction, or transferring genetic material.
2.19 Subd. 9. Processed food. "Processed food" means any food other than a
2.20raw agricultural commodity and includes any food produced from a raw agricultural
2.21commodity that was processed through canning, smoking, pressing, cooking, freezing,
2.22dehydration, fermentation, or milling.
2.23 Subd. 10. Processing aid. "Processing aid" means:
2.24(1) a substance that is added to a food during the processing of the food but is
2.25removed from the food in some manner before the food is packaged in a final form;
2.26(2) a substance that is added to a food during processing, is converted into
2.27constituents normally present in the food, and does not significantly increase the amount
2.28of the constituents found in the food; or
2.29(3) a substance that is added to a food for its technical or functional effect in the
2.30processing but is present in the finished food at insignificant levels and does not have any
2.31technical or functional effect in the finished food.
2.32 Subd. 11. Retailer. "Retailer" means a person or business engaged in selling food
2.33from individuals or businesses to the end user. For the purposes of section 325F.1793,
2.34"retailer" does not mean a manufacturer when the manufacturer is also acting as a retailer
2.35with respect to the food item at issue.
3.1 Sec. 2. [325F.1793] DISCLOSURE OF GENETICALLY ENGINEERED FOOD
3.2OR SEED.
3.3 Subdivision 1. Disclosure required. On and after January 1, 2015, any food or seed
3.4sold or offered for sale in this state is misbranded if it is, or may have been, genetically
3.5engineered and that fact is not disclosed as follows:
3.6(1) in the case of the package offered for sale, the words "Produced with Genetic
3.7Engineering" shall be placed on the package offered for sale in a clear and conspicuous
3.8manner by the manufacturer;
3.9(2) in the case of a food, food product, or agricultural commodity that is not
3.10separately packaged or labeled, the words "Produced with Genetic Engineering" shall
3.11be placed on the container used for packaging, holding, or transporting in a clear and
3.12conspicuous manner by the manufacturer, and maintained by the distributor, and on
3.13the retail store shelf or bin in which the commodity is displayed for sale in a clear and
3.14conspicuous manner by the retailer;
3.15(3) in the case of any seed or seed stock, the words "Produced with Genetic
3.16Engineering" shall be placed on the seed or seed stock container, on the sales receipt, or on
3.17any other reference to identification, ownership, or possession in a clear and conspicuous
3.18manner by the manufacturer or other entity responsible for producing the seed or seed stock.
3.19 Subd. 2. Exceptions. (a) The requirements in subdivision 1 do not apply to a
3.20processed food that would be subject to this section solely because one or more processing
3.21aids or enzymes were produced or derived with genetic engineering.
3.22(b) A food package that contains a commodity or food produced in any way with
3.23genetic engineering that does not display a disclosure as required in subdivision 1, clause
3.24(1) or (2), shall be deemed misbranded in this state, except that:
3.25(1) the package must not be considered misbranded if it is for a commodity or food
3.26produced by a person who grows, raises, or otherwise produces the commodity or food
3.27without knowledge that the commodity or food was created with seed or other food that
3.28was derived in any way through a process of genetic engineering. The person must obtain
3.29a signed, written statement from the party that sold the seed or food to the person that
3.30the substance was not knowingly genetically engineered, was entirely segregated from,
3.31and has not knowingly been commingled with a food or food component that may have
3.32been created through genetic engineering; or
3.33(2) the package will not be considered misbranded if it is a processed food that
3.34would be subject to this disclosure requirement solely because it includes one or more
3.35materials produced with genetic engineering, provided that the genetically engineered
4.1materials in the aggregate do not account for more than nine-tenths of one percent of the
4.2total weight of the processed food.
4.3(c) The use of manure as a fertilizer for a raw agricultural commodity must not be
4.4construed to mean that the commodity was produced with a genetically engineered material.
4.5(d) A person who initially provides the affirmation required in paragraph (b), clause
4.6(1), may rely on a sworn statement maintained by the person's supplier that contains
4.7the required affirmation.
4.8(e) The disclosure requirements of this section do not apply to food intended for
4.9human consumption that is not packaged for retail sale and that either (1) is a processed
4.10food prepared and intended for immediate consumption, or (2) is served, sold, or otherwise
4.11provided in any restaurant or other food facility that is primarily engaged in the sale of
4.12food prepared and intended for immediate consumption.
4.13(f) The disclosure requirements of this section do not apply to food consisting
4.14entirely of, or derived entirely from, an animal that was not genetically engineered,
4.15regardless of whether such animal was fed or injected with any genetically engineered
4.16food or any drug that was produced through means of genetic engineering.
4.17(g) The disclosure requirements of this section do not apply to food, food products,
4.18seed, or seed stock certified as "organic" under the Organic Foods Production Act of 1990,
4.19United States Code, title 7, section 6501, et seq., and its implementing regulations.
4.20(h) A person or entity who unknowingly produces, transports, or sells agricultural
4.21commodities that (1) have been affected by the unintended presence of genetically
4.22engineered materials, and (2) were grown on land owned or operated by that person or
4.23entity, shall not be found liable or negligent in any civil proceeding brought to enforce
4.24this chapter.
4.25 Subd. 3. Rulemaking. The commissioner of commerce may adopt rules to
4.26implement this section.
4.27 Sec. 3. [325F.1794] THIRD-PARTY PROTECTION.
4.28A retailer that sells or advertises a processed food product, when the product fails
4.29to conform to the disclosure requirements under section 325F.1793, shall not be found
4.30liable or negligent in any civil proceeding brought to enforce this chapter. Protection
4.31afforded by this section does not apply to fruit, vegetables, or animals produced with
4.32genetic engineering.
4.33 Sec. 4. [325F.1795] MISBRANDING OF NATURAL FOODS PROHIBITED.
5.1A food, food product, seed, or seed stock that is subject to disclosure under section
5.2325F.1793 may not be described on the label, packaging, or by similar identification as
5.3"natural."
5.4 Sec. 5. [325F.1796] ENFORCEMENT.
5.5The commissioner of commerce shall have the powers granted under section 45.027
5.6to enforce sections 325F.1792 to 325F.1796.
