SF 821

as introduced - 88th Legislature (2013 - 2014) Posted on 03/01/2013 08:57am

A bill for an act
relating to food safety; requiring disclosure of genetically engineered food and
seed; amending Minnesota Statutes 2012, sections 21.86, subdivision 1; 34A.03;
proposing coding for new law in Minnesota Statutes, chapter 31.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 21.86, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions.

A person may not advertise or sell any agricultural,
vegetable, flower, wildflower, tree, or shrub seed if:

(a) a test to determine the percentage of germination required by sections 21.82 and
21.83 has not been completed within a 12-month period, exclusive of the calendar month
in which the test was completed or it is offered for sale beyond the sell by date exclusive
of the calendar month in which the seed was to have been sold, except that:

(1) when advertised or offered for sale as agricultural seed, native grass and forb
(wildflowers) seeds must have been tested for percentage of germination as required
by section 21.82 within a 15-month period, exclusive of the calendar month in which
the test was completed;

(2) it is unlawful to offer cool season lawn and turf grasses including Kentucky
bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass,
intermediate ryegrass, annual ryegrass, colonial bent grass, creeping bent grass, and
mixtures or blends of those grasses, for sale beyond the sell by date exclusive of the
calendar month in which the seed was to have been sold;

(3) this prohibition does not apply to tree, shrub, agricultural, flower, wildflower,
or vegetable seeds packaged in hermetically sealed containers. Seeds packaged in
hermetically sealed containers under the conditions defined by rule may be offered for
sale for a period of 36 months after the last day of the month that the seeds were tested
for germination prior to packaging; and

(4) if seeds in hermetically sealed containers are offered for sale more than 36
months after the last day of the month in which they were tested prior to packaging, they
must be retested within a nine-month period, exclusive of the calendar month in which
the retest was completed;

(b) it is not labeled in accordance with sections 21.82 and 21.83 or has false or
misleading labeling;

(c) false or misleading advertisement has been used in respect to its sale;

(d) it contains prohibited noxious weed seeds;

(e) it consists of or contains restricted noxious weed seeds in excess of 25 seeds per
pound or in excess of the number declared on the label attached to the container of the
seed or associated with the seed;

(f) it contains more than one percent by weight of all weed seeds;

(g) it contains less than the stated net weight of contents;

(h) it contains less than the stated number of seeds in the container;

(i) it contains any labeling, advertising, or other representation subject to sections
21.82 and 21.83 representing the seed to be certified unless:

(1) it has been determined by a seed certifying agency that the seed conformed to
standards of purity and identity as to kind, species, subspecies, or variety, and also that
tree seed was found to be of the origin and elevation claimed, in compliance with the
rules pertaining to the seed; and

(2) the seed bears an official label issued for it by a seed certifying agency stating
that the seed is of a certified class and a specified kind, species, subspecies, or variety;

(j) it is labeled with a variety name but not certified by an official seed certifying
agency when it is a variety for which a United States certificate of plant variety protection
has been granted under United States Code, title 7, sections 2481 to 2486, specifying
sale by variety name only as a class of certified seed. Seed from a certified lot may be
labeled as to variety name when used in a blend or mixture by or with approval of the
owner of the variety; deleted text begin or
deleted text end

(k) the person whose name appears on the label does not have complete records
including a file sample of each lot of agricultural, vegetable, flower, tree or shrub seed
sold in this state as required in section 21.84 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (l) seed grown for human food is genetically engineered and this fact is not disclosed
as required under section 31.982.
new text end

Sec. 2.

new text begin [31.98] PURPOSE; CONSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Sections 31.981 to 31.985:
new text end

new text begin (1) permit the citizens of Minnesota to avoid food containing ingredients that
have neither been in the food supply for hundreds of years nor the subject of long-term,
well-designed clinical safety trials;
new text end

new text begin (2) afford the citizens of Minnesota greater public access to information
indispensable to the exercise of informed consumer choice;
new text end

new text begin (3) protect against contamination of crops, animals, and personnel in direct or
indirect contact with food that has been genetically engineered;
new text end

new text begin (4) limit the economic impact on producers and manufacturers who seek to prevent
contamination of organic or natural food sources;
new text end

new text begin (5) aid the citizens of Minnesota who wish to consume a diet largely or entirely
comprised of organic or natural ingredients to avoid consumption of foods containing
genetically engineered ingredients; and
new text end

new text begin (6) provide state officials better means to identify the source of adulteration in food
products and facilitate warnings and recalls of adulterated products.
new text end

new text begin Subd. 2. new text end

new text begin Construction. new text end

new text begin Sections 31.981 to 31.985 shall be construed to supplement,
and not to conflict with, any federal law or regulation.
new text end

Sec. 3.

new text begin [31.981] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of sections 31.98 to 31.985, the
following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Cultivated commercially. new text end

new text begin "Cultivated commercially" means grown or
raised in the course of a business or trade and sold or offered for sale within this state or
the United States generally.
new text end

new text begin Subd. 3. new text end

new text begin Distributor. new text end

new text begin "Distributor" means a person or business engaged in any
method of distributing or transporting a food or food product from one place to another.
new text end

new text begin Subd. 4. new text end

new text begin Enzyme. new text end

new text begin "Enzyme" means a protein that catalyzes chemical reactions of
other substances without being destroyed or altered upon completion of such reactions.
new text end

new text begin Subd. 5. new text end

new text begin Genetically engineered. new text end

new text begin "Genetically engineered," "genetic engineering,"
"genetically modified," "genetic modification," "genetically manipulated," "genetic
manipulation," or similar terms, when applied to human food, mean a food that is
produced from or with an organism or organisms with genetics altered materially through
the application of: (1) in vitro and in vivo nucleic acid techniques, including recombinant
ribonucleic acid (RNA) techniques, recombinant deoxyribonucleic acid (DNA) techniques,
and the direct injection of nucleic acid into cells or organelles; or (2) methods of fusing
cells beyond the taxonomic family that overcome natural physiological reproductive or
recombinant barriers, and that are not techniques used in traditional breeding and selection
such as conjugation, transduction, and hybridization. "Genetically engineered," "genetic
engineering," "genetically modified," "genetic modification," "genetically manipulated,"
"genetic manipulation," or similar terms, when applied to human food, also mean a food
derived from an organism that was treated with a genetically engineered material and a
food that contains an ingredient, component, or other article that is genetically engineered.
new text end

new text begin Subd. 6. new text end

new text begin In vitro and in vivo nucleic acid techniques. new text end

new text begin "In vitro and in vivo
nucleic acid techniques" means techniques, including but not limited to recombinant
deoxyribonucleic acid techniques that use vector systems and techniques involving the
direct introduction into the organisms of hereditary material or other nucleic acid molecules,
such as RNAi, prepared outside the organisms, such as microinjection, macroinjection,
chemoporation, electroportation, microencapsulation, and liposome fusion.
new text end

new text begin Subd. 7. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means a person or business engaged in the
production or processing of seed, seed stock, food, or any food product.
new text end

new text begin Subd. 8. new text end

new text begin Natural. new text end

new text begin "Natural" means food which has not been:
new text end

new text begin (1) treated with preservatives, antibiotics, synthetic additives, artificial flavoring, or
artificial coloring;
new text end

new text begin (2) processed in a manner that makes such food significantly less nutritive; and
new text end

new text begin (3) intentionally grown, raised, manufactured, cultured, or created in any way
through the process of genetic engineering.
new text end

new text begin Subd. 9. new text end

new text begin Organic. new text end

new text begin "Organic" has the meaning given in section 31.92, subdivision 3,
and does not mean food or seed intentionally grown, raised, manufactured, cultured, or
created in any way through the process of genetic engineering.
new text end

new text begin Subd. 10. new text end

new text begin Organism. new text end

new text begin "Organism" means any biological entity capable of
replication, reproduction, or transferring genetic material.
new text end

new text begin Subd. 11. new text end

new text begin Processed food. new text end

new text begin "Processed food" means any food other than a
raw agricultural commodity and includes any food produced from a raw agricultural
commodity that was processed through canning, smoking, pressing, cooking, freezing,
dehydration, fermentation, or milling.
new text end

new text begin Subd. 12. new text end

new text begin Processing aid. new text end

new text begin "Processing aid" means:
new text end

new text begin (1) a substance that is added to a food during the processing of such food but is
removed from the food in some manner before the food is packaged in a final form;
new text end

new text begin (2) a substance that is added to a food during processing, is converted into
constituents normally present in the food, and that does not significantly increase the
amount of the constituents found in the food; or
new text end

new text begin (3) a substance that is added to a food for its technical or functional effect in the
processing but is present in the finished food at insignificant levels and does not have any
technical or functional effect in the finished food.
new text end

new text begin Subd. 13. new text end

new text begin Retailer. new text end

new text begin "Retailer" means a person or business engaged in selling
food from individuals or businesses to the end user. For the purposes of section 31.983,
"retailer" does not mean a manufacturer when the manufacturer is also acting as a retailer
with respect to the food item at issue.
new text end

Sec. 4.

new text begin [31.982] DISCLOSURE OF GENETICALLY ENGINEERED FOOD
OR SEED.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure required. new text end

new text begin On and after January 1, 2015, any food or seed
sold or offered for sale in this state is misbranded if it is, or may have been, genetically
engineered and such fact is not disclosed as follows:
new text end

new text begin (1) in the case of the package offered for sale, the words "Produced with Genetic
Engineering" shall be placed on the package offered for sale in a clear and conspicuous
manner by the manufacturer;
new text end

new text begin (2) in the case of a raw agricultural commodity that is not separately packaged or
labeled, the words "Produced with Genetic Engineering" shall be placed on the container
used for packaging, holding, or transport in a clear and conspicuous manner by the
manufacturer, and maintained by the distributor, and on the retail store shelf or bin in which
such commodity is displayed for sale in a clear and conspicuous manner by the retailer;
new text end

new text begin (3) in the case of any seed or seed stock, the words "Produced with Genetic
Engineering" shall be placed on the seed or seed stock container, on the sales receipt, or on
any other reference to identification, ownership, or possession in a clear and conspicuous
manner by the manufacturer or other entity responsible for producing the seeds.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin (a) The requirements in subdivision 1 do not apply to a
processed food that would be subject to this section solely because one or more processing
aids or enzymes were produced or derived with genetic engineering.
new text end

new text begin (b) A food package that contains a commodity or food produced in any way with
genetic engineering that does not display a disclosure as required in subdivision 1, clause
(1) or (2), shall be deemed misbranded in this state, except that:
new text end

new text begin (1) such package must not be considered misbranded if it is for a commodity or
food produced by a person who grows, raises, or otherwise produces such commodity
or food without knowledge that such commodity or food was created with seed or other
food that was derived in any way through a process of genetic engineering. The person
must obtain a sworn statement from the party that sold the seed or food to the person that
such substance was not knowingly genetically engineered, was entirely segregated from,
and has not knowingly been comingled with a food or food component that may have
been created through genetic engineering; or
new text end

new text begin (2) until July 1, 2019, such package will not be considered misbranded if it is a
processed food that would be subject to this disclosure requirement solely because it
includes one or more materials produced with genetic engineering, provided that the
genetically engineered materials in the aggregate do not account for more than nine-tenths
of one percent of the total weight of the processed food.
new text end

new text begin (d) The use of manure as a fertilizer for a raw agricultural commodity must not be
construed to mean that the commodity was produced with a genetically engineered material.
new text end

new text begin (e) A person who initially provides the affirmation required in paragraph (b), clause
(1), may rely on a sworn statement maintained by the person's supplier that contains
the required affirmation.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules to carry out this section.
new text end

Sec. 5.

new text begin [31.983] THIRD PARTY PROTECTION.
new text end

new text begin A retailer that sells or advertises a processed food product, when such product fails
to conform to all of the disclosure requirements under section 31.982, shall not be found
liable or negligent in any civil proceeding brought to enforce this chapter. Protection
afforded by this section does not apply to fruit, vegetables, or animals produced with
genetic engineering.
new text end

Sec. 6.

new text begin [31.984] MISBRANDING OF ORGANIC OR NATURAL FOODS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Organic. new text end

new text begin The term "organic" may only be used to describe food or
seed in commerce if the product fully satisfies the definition in section 31.981.
new text end

new text begin Subd. 2. new text end

new text begin Natural. new text end

new text begin The term "natural" may only be used to describe food or seed in
commerce if the product fully satisfies the definition in section 31.981. However, a person
is not prevented from identifying a food as natural solely because the food was processed by
extracting, purifying, heating, fermenting, concentrating, dehydrating, cooling, or freezing.
new text end

Sec. 7.

new text begin [31.985] ENFORCEMENT; PRIVATE ACTION PROHIBITED.
new text end

new text begin The commissioner shall enforce sections 31.981 to 31.984 as provided in chapter
34A. There is no private right of action to enforce sections 31.981 to 31.984.
new text end

Sec. 8.

Minnesota Statutes 2012, section 34A.03, is amended to read:

34A.03 MISBRANDING.

(a) Food is misbranded if:

(1) its labeling is false or misleading in any particular, or its labeling, whether on
the item itself, its container, or its package, fails to conform with the requirements of
this chapter;

(2) it is offered for sale or distributed under the name of another food;

(3) it is an imitation of another food for which a definition and standard of identity
have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
imitation of another food that is not subject to clause (5), unless in either case its label
bears in type of uniform size and prominence the word "imitation" and immediately
thereafter the name of the food imitated;

(4) its container is so made, formed, or filled as to be misleading;

(5) it purports to be or is represented as a food for which a definition and standard
of identity have been prescribed by rules as provided by sections 31.10, 31.102, and
31A.07, unless it conforms to that definition and standard, and its label bears the name
of the food specified in the definition and standard, and insofar as may be required by
the rules, the common names of optional ingredients, other than spices, flavoring, and
coloring, present in the food;

(6) it purports to be or is represented as:

(i) a food for which a standard of quality has been prescribed by rules as provided by
sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in
a manner and form the rules specify, a statement that it falls below the standard; or

(ii) a food for which a standard or standards of fill of container have been prescribed
by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard
of fill of container applicable thereto unless its label bears, in a manner and form the rules
specify, a statement that it falls below the standard;

(7) it is not subject to clause (5), unless it bears labeling clearly giving the common
or usual name of the food, if there is one, and in case it is fabricated from two or more
ingredients, the common or usual name of each ingredient, except that spices, flavorings,
and colorings, other than those sold as such, may be designated as spices, flavorings, and
colorings, without naming each, provided that to the extent that compliance with the
requirements of this clause is impractical or results in deception or unfair competition,
exemptions must be established by rules promulgated by the commissioner;

(8) it purports to be or is represented for special dietary uses, unless its label
bears information concerning its vitamin, mineral, and other dietary properties as the
commissioner determines to be, and by rules prescribed as, necessary in order to fully
inform purchasers as to its value for those uses;

(9) it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact; provided that, to the extent that
compliance with the requirements of this clause is impracticable, exemptions must be
established by rules promulgated by the commissioner. The provisions of this clause and
clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice
cream. The provisions with respect to chemical preservatives do not apply to a pesticide
when used in or on a raw agricultural commodity which is the product of the soil;

(10) it is a product intended as an ingredient of another food and when used
according to the directions of the purveyor will result in the final food product being
adulterated or misbranded;

(11) it is a color additive unless its packaging and labeling are in conformity with
such packaging and labeling requirements applicable to the color additive prescribed
under the provisions of the federal act;

(12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to
bear, directly or on its container, as the commissioner by rule prescribes, the inspection
legend and other information the commissioner may require by rule to ensure that it
will not have false or misleading labeling, and that the public will be told how to keep
the article wholesome; deleted text begin or
deleted text end

(13) its labeling would deceive or mislead the purchaser with respect to its
composition or suitability new text begin ; or
new text end

new text begin (14) the food is genetically engineered and this fact is not disclosed as required
under section 31.982 new text end .

(b) Food is also misbranded if it is a raw agricultural commodity which is the
product of the soil, bearing or containing a pesticide applied after harvest, unless the
shipping container of that commodity bears labeling which declares the presence of the
chemical in or on the commodity and the common or usual name and the function of the
chemical. No such declaration is required while the commodity, having been removed
from the shipping container, is being held or displayed for sale at retail out of the container
in accordance with the custom of the trade.

Sec. 9. new text begin SEVERABILITY.
new text end

new text begin If any provision of this act or its application to any person or circumstance is held
invalid or in violation of the state or United States Constitution or any other law of the
United States, the invalidity or the violation shall not affect other provisions of this section
which can be given effect without the invalid provision or application, and to this end, the
provisions of this act are severable.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective July 1, 2013.
new text end