HF 2004

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for an advisory 
  1.3             task force to develop optional labeling protocols for 
  1.4             bioengineered-free foods; appropriating money; 
  1.5             amending Minnesota Statutes 2000, sections 18F.01; 
  1.6             18F.02, subdivisions 2a, 4, 5, by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 18F.01, is 
  1.9   amended to read: 
  1.10     18F.01 [PURPOSE.] 
  1.11     The purpose purposes of sections 18F.01 to 18F.13 is are to 
  1.12  establish permits for monitor and regulate the release of 
  1.13  certain genetically engineered and genetically modified 
  1.14  agriculturally related organisms to protect humans and the 
  1.15  environment from the potential for significant adverse effects 
  1.16  of those from releases; and to ensure that the use of 
  1.17  agriculturally related, genetically engineered organisms does 
  1.18  not violate the rights of agricultural growers and consumers who 
  1.19  elect not to grow or consume genetically modified foods. 
  1.20     Sec. 2.  Minnesota Statutes 2000, section 18F.02, 
  1.21  subdivision 2a, is amended to read: 
  1.22     Subd. 2a.  [AGRICULTURALLY RELATED ORGANISM.] 
  1.23  "Agriculturally related organism" means any organism that is 
  1.24  used in agricultural production or processing of agricultural 
  1.25  products.  It includes livestock and livestock products; dairy 
  1.26  animals and dairy products; poultry and poultry products; 
  2.1   domestic fur-bearing animals; animal feeds; horticultural stock; 
  2.2   nursery stock, as defined in section 18.46, subdivision 3; 
  2.3   fruit; vegetables; forage grain; wild rice; seeds; bees; apiary 
  2.4   products; produce grown and harvested in a home vegetable 
  2.5   garden; and products for the control or mitigation of noxious 
  2.6   weeds.  It excludes vaccines and drugs for use in humans; 
  2.7   genetic engineering of human germ cells and human somatic cells 
  2.8   intended for use in human gene therapy; vaccines for use in 
  2.9   livestock, dairy animals, poultry, domestic fur-bearing animals, 
  2.10  or private aquatic life; genetically engineered wild animals; 
  2.11  and forestry products.  
  2.12     Sec. 3.  Minnesota Statutes 2000, section 18F.02, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 2b.  [AGRICULTURAL GROWER; PRODUCER.] "Agricultural 
  2.15  grower" or "producer" means a landowner or tenant, however 
  2.16  lawfully organized, growing and directly involved in the 
  2.17  production of crops, livestock, or other agriculturally related 
  2.18  organisms.  "Agricultural grower" also means a person who grows 
  2.19  and harvests agriculturally related organisms in a vegetable 
  2.20  garden primarily for household use. 
  2.21     Sec. 4.  Minnesota Statutes 2000, section 18F.02, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 2c.  [BIOENGINEERED FOOD.] "Bioengineered food" means 
  2.24  food derived from bioengineered plants. 
  2.25     Sec. 5.  Minnesota Statutes 2000, section 18F.02, is 
  2.26  amended by adding a subdivision to read: 
  2.27     Subd. 2d.  [BIOENGINEERED PLANT.] "Bioengineered plant" 
  2.28  means plant varieties developed by genetic engineering.  
  2.29     Sec. 6.  Minnesota Statutes 2000, section 18F.02, 
  2.30  subdivision 4, is amended to read: 
  2.31     Subd. 4.  [GENETIC ENGINEERING OR BIOTECHNOLOGY.] "Genetic 
  2.32  engineering" or "biotechnology" means the introduction of new 
  2.33  genetic material to an organism or the regrouping of an 
  2.34  organism's genes using techniques or technology designed by 
  2.35  humans.  This does not include selective breeding, 
  2.36  hybridization, or nondirected mutagenesis. 
  3.1      Sec. 7.  Minnesota Statutes 2000, section 18F.02, 
  3.2   subdivision 5, is amended to read: 
  3.3      Subd. 5.  [GENETICALLY ENGINEERED ORGANISM; GENETICALLY 
  3.4   MODIFIED ORGANISM; BIOENGINEERED ORGANISM; GMO.] "Genetically 
  3.5   engineered organism," "genetically modified organism," 
  3.6   "bioengineered organism," or "GMO" means an organism that has 
  3.7   been modified directly or indirectly using genetic engineering. 
  3.8      Sec. 8.  Minnesota Statutes 2000, section 18F.02, is 
  3.9   amended by adding a subdivision to read: 
  3.10     Subd. 5a.  [BIOENGINEERED-FREE 
  3.11  CONTENT.] "Bioengineered-free content" means an agriculturally 
  3.12  related organism, or all of the component parts of a product 
  3.13  made from one or more agriculturally related organisms, that is 
  3.14  entirely free of content derived from bioengineered organisms. 
  3.15     Sec. 9.  Minnesota Statutes 2000, section 18F.02, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 8a.  [TECHNOLOGY USE AGREEMENT.] "Technology use 
  3.18  agreement" means a license for the use of agriculturally related 
  3.19  organisms in which the licensing party asserts and retains title 
  3.20  to ownership of the genetically engineered traits of the 
  3.21  livestock or crops derived from the organisms. 
  3.22     Sec. 10.  [BIOENGINEERED-FREE CERTIFICATION PROTOCOL; 
  3.23  ADVISORY TASK FORCE; REPORT.] 
  3.24     (a) By October 1, 2001, the commissioner of agriculture 
  3.25  shall appoint and convene an advisory task force under Minnesota 
  3.26  Statutes, section 15.014, to develop and propose the 
  3.27  implementation of a protocol for reliably identifying foods and 
  3.28  food products to be certified as bioengineered-free.  
  3.29  Notwithstanding Minnesota Statutes, section 15.014, subdivision 
  3.30  2, the task force may have up to 23 members.  Members of the 
  3.31  task force must be representatives of agricultural producers, 
  3.32  processors, and marketers; consumers and consumer groups; 
  3.33  agronomists; agricultural seed and chemical suppliers; 
  3.34  geneticists; and ethicists. 
  3.35     (b) The advisory task force must review Minnesota Statutes, 
  3.36  sections 17.90 to 17.9443, to determine the extent to which 
  4.1   similar disclosures and contract provisions should be required 
  4.2   when an agricultural producer enters into a technology use 
  4.3   agreement or other contract related to bioengineered livestock 
  4.4   or crops. 
  4.5      (c) The commissioner shall provide administrative support 
  4.6   as necessary for the task force. 
  4.7      (d) By March 5, 2002, the commissioner shall report the 
  4.8   findings and recommendations of the task force to the senate and 
  4.9   house of representatives committees having jurisdiction over 
  4.10  agricultural policy issues. 
  4.11     Sec. 11.  [APPROPRIATION.] 
  4.12     $....... is appropriated from the general fund to the 
  4.13  commissioner of agriculture for the biennium ending June 30, 
  4.14  2003, for administrative support of the advisory task force 
  4.15  required under section 10.