Bill Text: OR HB3177 | 2013 | Regular Session | Introduced

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Bill Title: Relating to genetically engineered food; declaring an emergency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3177 Detail]

Download: Oregon-2013-HB3177-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 3163

                         House Bill 3177

Sponsored by Representatives HOLVEY, GOMBERG; Representative
  BOONE

                             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.

  Requires signage in area where genetically engineered fish are
sold, displayed for sale or offered for sale at retail for human
consumption. Declares genetically engineered fish to be
misbranded food if sold, displayed for sale or offered for sale
at retail for human consumption without required signage. Creates
exception for restaurant sales. Applies to fish sold, displayed
for sale or offered for sale on or after January 1, 2014.
  Makes foods that contain genetically engineered fish subject to
labeling requirements. Declares food to be misbranded if food
contains genetically engineered fish and does not conform with
labeling requirements. Applies to foods packaged on or after
January 1, 2014.
  Directs State Department of Agriculture to adopt rules relating
to requirements.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to genetically engineered food; 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' means having a genetic structure
that has been altered at the molecular or cellular level through
recombinant DNA or RNA techniques or the introduction of
exogenous genetic material that becomes incorporated into the
genome of the organism.
  (b) 'Recombinant DNA or RNA techniques' means processes in
which segments of deoxyribonucleic acid or ribonucleic acid from
different organisms are joined together to create recombinant DNA
or RNA molecules that have the capacity to replicate in a host
cell, either autonomously or as an integrated part of the host
genome.
  (2) Genetically engineered fish may not be sold, displayed for
sale or offered for sale at retail for human consumption unless
there is readily visible in the area where the fish is sold,
displayed or offered a sign disclosing that the fish has been
genetically engineered. Genetically engineered fish that is sold,
displayed for sale or offered for sale in violation of this
subsection is deemed to be misbranded. This subsection does not
apply to restaurants selling, displaying or offering fish for use
in meals to be prepared by the restaurant.
  (3) A packaged food shall be deemed to be misbranded if:
  (a) The food contains, or was produced using, genetically
engineered fish and the labeling does not include a clear and
prominent statement that the food contains genetically engineered
fish; or
  (b) The food contains a genetically engineered fish and the
labeling includes any statement indicating that the food does not
contain genetically engineered fish.
  (4) For purposes of subsection (3) of this section, a packaged
food is considered to have been produced using a genetically
engineered fish if the fish used in the food is genetically
engineered or if the fish used in the food was raised on feed
that contained genetically engineered material.
  (5)(a) Subsections (2) and (3) of this section do not apply to
fish, or to a packaged food containing fish, if the fish or food
is certified and complies 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.
  (b) Subsection (3) of this section does not apply to packaged
food in which genetically engineered fish does not exceed one
percent of the materials used to produce the food, as determined
by the State Department of Agriculture by rule.
  (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 that contain genetically
engineered fish, rules for food package labeling statements
regarding the presence or absence of genetically engineered fish
and rules specifying the content, wording, size and design of
signs required by subsection (2) of this section.
  (7) The department may inspect fish and packaged foods
containing fish in the possession of an agricultural commodity
producer, food manufacturer, processor, packager, wholesaler or
retailer and may obtain samples of the fish, fish feed, packaged
foods or packaged food ingredients to the extent the department
considers necessary to prevent the offering to the public of fish
or foods that are deemed misbranded under this section.
  (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:
  (1) Fish sold, displayed for sale or offered for sale at retail
for human consumption on or after January 1, 2014; and
  (2) Foods that contain fish and 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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