Bill Text: OR HB2175 | 2013 | Regular Session | Introduced

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Bill Title: Relating to food labeling; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2175 Detail]

Download: Oregon-2013-HB2175-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2650

                         House Bill 2175

Sponsored by Representative BOONE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Makes foods that contain or are produced using genetically
engineered material subject to labeling requirements. Declares
food that contains or is produced using genetically engineered
material and does not conform with labeling requirements to be
misbranded.
  Applies to foods packaged on or after January 1, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to food labeling; creating new provisions; amending ORS
  616.360; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 616.205 to 616.385. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Genetically engineered material' means a substance derived
from any part of a genetically engineered organism, whether or
not the altered molecular or cellular characteristics of the
organism are detectable in the substance.
  (b) 'Genetically engineered organism' means:
  (A) A life form that has been altered at the molecular or
cellular level by means that are not possible under natural
conditions or processes, except means consisting exclusively of
breeding, conjugation, fermentation, hybridization, in vitro
fertilization, tissue culture or mutagenesis; or
  (B) A life form produced through sexual or asexual reproduction
involving an initial life form described in subparagraph (A) of
this paragraph, if the life form produced possesses any of the
altered molecular or cellular characteristics of the initial life
form.
  (2) A packaged food shall be deemed to be misbranded if:
  (a) The food contains, or was produced using, a genetically
engineered material and the labeling does not include a clear and
prominent statement that the food contains genetically engineered
material; or
  (b) The food contains, or was produced using, a genetically
engineered material and the labeling includes any statement
indicating that the food does not contain genetically engineered
material.

  (3) A food is considered to have been produced using a
genetically engineered material for purposes of subsection (2) of
this section if:
  (a) Except as provided in subsection (4) of this section, the
organism from which the food is derived has been injected or
otherwise treated with a genetically engineered material;
  (b) An animal from which the food is derived has been fed
genetically engineered material; or
  (c) The food contains an ingredient that is a food produced as
described in paragraph (a) or (b) of this subsection.
  (4) For purposes of subsection (3)(a) of this section, the use
of manure from an animal fed genetically engineered material in
the growing of a raw agricultural commodity is not an injection
or treatment of the commodity with genetically engineered
material.
  (5) Subsection (2) of this section does not apply to:
  (a) Foods that are certified and comply with the federal
Organic Foods Production Act (P.L. 101-624, as amended by
P.L. 109-97) and the implementing regulations for the Act; or
  (b) Foods that are produced with genetically engineered
material that does not exceed one percent of the materials used
to produce the food, as determined by the State Department of
Agriculture, if no validated method of testing for the presence
of that genetically engineered material in the food has been
identified by the State Department of Agriculture or the United
States Department of Agriculture. If the State Department of
Agriculture or the United States Department of Agriculture
identifies a validated method of testing that can detect the
presence of genetically engineered material in food that is
produced using not more than one percent of genetically
engineered material, the State Department of Agriculture may
establish a zero tolerance for the material or may exempt foods
produced with a lower percentage of genetically engineered
material that cannot be detected by a validated method of
testing.
  (6) The department shall adopt rules for carrying out this
section. The rules may include, but need not be limited to, rules
for identifying packaged foods and food production processes that
use genetically engineered material and rules for food package
labeling statements regarding the presence or absence of
genetically engineered material.
  (7) The department may inspect consumer commodities and
products in the possession of an agricultural commodity producer,
food manufacturer, processor, packager, wholesaler or retailer,
may obtain samples of the foods, food ingredients and materials
used to produce food and may seize foods, food ingredients and
materials used to produce food to the extent the department
considers necessary to prevent the offering of misbranded foods
to the public.
  (8) This section and any rules for the administration and
enforcement of this section do not create a new public or private
cause of action or preclude an existing cause of action. + }
  SECTION 3. ORS 616.360 is amended to read:
  616.360. In the promulgation of rules under ORS 616.341,
616.345, 616.350, 616.366 and 616.380 { +  and section 2 of this
2013 Act + }, the State Department of Agriculture shall give
appropriate consideration to:
  (1) Measures and procedures required to protect the health and
life of animals and the people of this state.
  (2) The laws of other states.
  (3) The laws of the United States. The department's rules shall
conform in so far as practicable with, but shall not be more
restrictive than, the laws and rules of the federal Food and Drug
Administration.
  (4) The opinions of recognized experts and governmental
agencies in the field of food additives.
  SECTION 4.  { + Section 2 of this 2013 Act applies to foods
that are packaged on or after January 1, 2014. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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