HF 3051

as introduced - 87th Legislature (2011 - 2012) Posted on 05/09/2012 01:08pm

A bill for an act
relating to food safety; regulating genetically engineered food; authorizing
rulemaking; requiring a report; proposing coding for new law in Minnesota
Statutes, chapter 31.

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

Section 1.

new text begin [31.98] 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 31.982, 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 by a person in the course of the person's business or trade and sold within the
United States.
new text end

new text begin Subd. 3. 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. 4. new text end

new text begin Genetically engineered. new text end

new text begin "Genetically engineered" means any food that
is produced from an organism or organisms in which the genetic material was modified
through the application of: (1) in vitro nucleic acid techniques, including recombinant
deoxyribonucleic acid techniques and the direct injection of nucleic acid into cells or
organelles; or (2) fusion of cells, including protoplast fusion, or hybridization techniques
that overcome natural physiological, reproductive, or recombination barriers, where the
donor cells or protoplasts do not fall within the same taxonomic family, in a way that does
not occur by natural multiplication or natural recombination.
new text end

new text begin Subd. 5. 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. 6. new text end

new text begin In vitro nucleic acid techniques. new text end

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

new text begin Subd. 7. 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. 8. new text end

new text begin Processing aid. new text end

new text begin "Processing aid" means: (1) any substance that is added to
a food during the processing of such food but that is removed in some manner from the
food before the food is packaged in a finished form; (2) any substance that is added to a
food during processing that is converted into constituents normally present in the food and
that does not significantly increase the amount of the constituents naturally found in the
food; or (3) any substance that is added to a food for its technical or functional effect in
the processing but that is present in the finished food at insignificant levels and that does
not have any technical or functional effect in the finished food.
new text end

Sec. 2.

new text begin [31.981] GENETICALLY ENGINEERED FOOD.
new text end

new text begin (a) On and after July 1, 2014, any food offered for retail sale in this state shall be
deemed misbranded if such food is, or may have been, entirely or partially produced with
genetic engineering and such fact is not disclosed, as follows:
new text end

new text begin (1) in the case of a raw agricultural commodity, on the package offered for retail
sale, with the clear and conspicuous words "Genetically Engineered" on the front of the
package of such commodity, or in the case of any such commodity that is not separately
packaged or labeled, on a label that appears on the retail store shelf or bin in which such
commodity is displayed for sale; and
new text end

new text begin (2) in the case of any processed food, in clear and conspicuous language on the front
or back of the package of such food, with the words "Partially Produced with Genetic
Engineering" or "May be Partially Produced with Genetic Engineering."
new text end

new text begin (b) Nothing in paragraph (a) shall be construed to require either the listing or
identification of any ingredient or ingredients that were genetically engineered, nor that
the term "genetically engineered" be placed immediately preceding any common name
or primary product descriptor of a food.
new text end

new text begin (c) The requirements of paragraph (a) do not apply to any of the following:
new text end

new text begin (1) food consisting entirely of, or derived entirely from, an animal that was not
genetically engineered, regardless of whether such animal was fed or injected with any
genetically engineered food or any drug that was produced through means of genetic
engineering;
new text end

new text begin (2) a raw agricultural commodity or food derived from such commodity that was
raised or produced without the knowing and intentional use of genetically engineered
seed or food, provided any person required to comply with the provisions of this section
obtains a sworn statement from the person providing such commodity or food that such
commodity or food: (i) was not knowingly or intentionally genetically engineered; and
(ii) has been segregated from, and was not knowingly or intentionally commingled with,
food that may have been genetically engineered at any time. In providing such a sworn
statement, any person may rely on a sworn statement from the person's own supplier
that contains such an affirmation;
new text end

new text begin (3) any processed food that would be subject to the provisions of this section solely
because it includes one or more genetically engineered processing aids or enzymes;
new text end

new text begin (4) any alcoholic beverage;
new text end

new text begin (5) until July 1, 2019, any processed food that would be subject to the provisions
of this section solely because such processed food includes one or more genetically
engineered ingredients, provided: (i) no single such ingredient accounts for more than
one-half of one percent of the total weight of such processed food; and (ii) such processed
food does not contain more than ten such ingredients;
new text end

new text begin (6) food that an independent organization determines was not knowingly and
intentionally produced from or commingled with genetically engineered seed or genetically
engineered food, provided such determination is made pursuant to a sampling and testing
procedure approved in rules adopted by the commissioner. No sampling procedure shall be
approved by the commissioner under this section unless such sampling is: (i) performed
according to a statistically valid sampling plan consistent with principles recommended
by internationally recognized sources such as the International Standards Organization
(ISO) and the Grain and Feed Trade Association (GAFTA); (ii) consistent with the most
recent "Guidelines on Performance Criteria and Validation of Methods for Detection,
Identification and Quantification of Specific DNA Sequences and Specific Proteins in
Foods, (CAC/GL 74 (2010))" published by the Codex Alimentarius Commission; and (iii)
not reliant on testing of processed foods in which no DNA is detectable;
new text end

new text begin (7) food that is lawfully certified to be labeled, marketed, and offered for sale as
organic pursuant to the federal Organic Food Products Act of 1990 and the regulations
promulgated by the United States Department of Agriculture;
new text end

new text begin (8) food that is not packaged for retail sale and that either is a processed food
prepared and intended for immediate human consumption or is served, sold, or otherwise
provided in any restaurant or other food facility that is primarily engaged in the sale of
food prepared and intended for immediate human consumption; and
new text end

new text begin (9) medical food.
new text end

new text begin (d) The commissioner, in consultation with the commissioner of health, may adopt
rules necessary for the implementation and enforcement of the provisions of this section.
new text end

new text begin (e) Any person may bring an action in district court to enforce the provisions of this
section and the court shall have jurisdiction upon hearing and for cause shown to grant a
temporary or permanent injunction restraining any person from violating any provision
of this section. In addition to any injunctive relief provided, the court may award to the
person bringing the action reasonable attorney fees and all reasonable costs incurred in
the investigation and prosecution of such action, as determined by the court. Nothing in
this paragraph shall be construed to limit or alter the powers of the commissioner to bring
an action to enforce this section.
new text end

Sec. 3.

new text begin [31.982] BEST PRACTICES.
new text end

new text begin The commissioner shall adopt rules that establish best practices for farmers who
cultivate commercially any genetically engineered crop. Such regulations shall require the
implementation of practices by such farmers to: (1) eliminate or minimize the degree to
which such genetically engineered crop affects neighboring lands; and (2) minimize the
amount of herbicides used by such farmers to eradicate herbicide-resistant weeds.
new text end

Sec. 4. new text begin DISPLAY PREFERENCE.
new text end

new text begin No later than October 15, 2012, the commissioner of agriculture shall report to
the legislative committees with jurisdiction over agriculture and health on a method
to implement a program to provide preference in the display of food items at retail
establishments for any food item that is voluntarily labeled in such a manner as to indicate
whether such food item is genetically engineered or contains genetically engineered
ingredients.
new text end

Sec. 5. new text begin LIST REQUIRED.
new text end

new text begin No later than October 15, 2012, the commissioner of agriculture, in consultation with
the commissioner of health, shall publish a list on the Department of Agriculture's Web
site that indicates those raw agricultural commodities known to be genetically engineered.
The commissioner shall update such list not less than once every calendar year.
new text end

Sec. 6. new text begin PROCUREMENT GUIDELINES.
new text end

new text begin No later than January 1, 2013, the commissioner of administration shall develop
recommendations for the implementation of state agency procurement guidelines that will
provide a preference for the use and purchase of processed foods and raw agricultural
commodities that are voluntarily labeled to indicate whether such processed foods or raw
agricultural commodities contain genetically engineered ingredients or are genetically
engineered, respectively. The commissioner shall also submit any requisite statutory
or rule changes for the implementation of such recommendations to the legislative
committees with jurisdiction over agriculture, health, and state government finance.
new text end