Bill Text: OR SB517 | 2011 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB517 Detail]

Download: Oregon-2011-SB517-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2890

                         Senate Bill 517

Sponsored by Senator DINGFELDER (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.

  Declares genetically engineered fish and shellfish sold for
human consumption to be misbranded if not labeled or otherwise
identified as being genetically engineered. Applies to fish and
shellfish packaged on or after January 1, 2012, or sold as raw
agricultural commodities on or after January 1, 2012.
  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 2011 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:
  (A) Having a genetic structure that has been altered at the
molecular or cellular level through recombinant DNA or RNA
techniques, cell fusion, gene deletion or doubling, alteration of
gene position or the introduction of exogenous genetic material
or by other means that are not possible under natural conditions
or processes; or
  (B) Produced through sexual or asexual reproduction involving
an initial life form that has been altered as described in
subparagraph (A) of this paragraph.
  (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 some host
cell, either autonomously or as an integrated part of the host
genome.
  (c) 'Shellfish' has the meaning given that term in ORS 622.010.
  (2) A packaged food that in whole or in part consists of
genetically engineered fish or shellfish shall be deemed
misbranded if the label does not include a clear and prominent
statement that the food contains genetically engineered fish or
shellfish or contains genetically engineered fish or shellfish
products.
  (3) A genetically engineered fish or shellfish sold as a raw
agricultural commodity shall be deemed to be misbranded if the
fish or shellfish is not clearly and conspicuously identified in

accordance with State Department of Agriculture rules as being
genetically engineered. + }
  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
2011 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 2011 Act applies to fish and
shellfish that are packaged on or after January 1, 2012, or sold
as raw agricultural commodities on or after January 1, 2012. + }
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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