HF 3

as introduced - 87th Legislature, 2012 1st Special Session (2011 - 2012) Posted on 08/24/2012 02:30pm

A bill for an act
relating to food safety; regulating genetically engineered food; amending
Minnesota Statutes 2010, section 34A.03, as added; 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 Enzyme. new text end

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

new text begin Subd. 3. new text end

new text begin Genetically engineering. new text end

new text begin "Genetically engineering" means any food or
food ingredient that is produced from an organism or organisms in which the genetic
material was changed through the application of:
new text end

new text begin (1) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid
(DNA) techniques and the direct injection of nucleic acid into cells or organelles; or
new text end

new text begin (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. 4. 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 DNA or ribonucleic acid (RNA)
techniques, that use vector systems and techniques involving the direct introduction
into the organisms of hereditary materials prepared outside the organisms such as
microinjection, chemoporation, electroporation, microencapsulation, and liposome fusion.
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 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. 7. 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 that is
removed in some manner from the food before the food is packaged in a finished form;
new text end

new text begin (2) a 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
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 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

new text begin Subd. 8. new text end

new text begin Raw agricultural commodity. new text end

new text begin "Raw agricultural commodity" means any
food in its raw or natural state, including any fruit that is washed, colored, or otherwise
treated in its unpeeled natural form prior to marketing.
new text end

Sec. 2.

new text begin [31.981] DISCLOSURE WITH RESPECT TO GENETICALLY
ENGINEERED FOOD.
new text end

new text begin (a) On and after July 1, 2014, any food or food ingredient offered for retail sale in
this state is misbranded if it is 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; or
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) The requirements of paragraph (a) do not apply to the foods listed in clauses (1)
to (9). A person is not required to list or identify any ingredient or ingredients in the foods
listed in clauses (1) to (9) that were genetically engineered, nor is a person required to
place the term "genetically engineered" immediately preceding any common name or
primary product descriptor of the food listed in clauses (1) to (9):
new text end

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

new text begin (2) a raw agricultural commodity or food derived therefrom that was grown, raised,
or produced without the knowing and intentional use of food or seed produced with genetic
engineering, provided any person otherwise required to comply with the provisions of this
section obtains a sworn statement from whoever sold the commodity or food to the person
that such commodity or food was not knowingly or intentionally produced with genetic
engineering; and has been segregated from, and was not knowingly or intentionally
commingled with, food that may have been produced with genetic engineering at any
time. In providing such a sworn statement, a person may rely on a sworn statement from
the person's own supplier that contains the affirmation set forth in the previous sentence;
new text end

new text begin (3) any processed food that would be subject to paragraph (a) solely because it
includes one or more processing aids or enzymes produced with genetic engineering;
new text end

new text begin (4) any alcoholic beverage subject to chapter 340A;
new text end

new text begin (5) until July 1, 2019, any processed food that would be subject to the provisions of
paragraph (a) solely because such processed food includes one or more ingredients that
have been produced with genetic engineering, provided:
new text end

new text begin (i) no single such ingredient accounts for more than one-half of one percent of the
total weight of such processed food; and
new text end

new text begin (ii) the processed food does not contain more than ten such ingredients;
new text end

new text begin (6) food that an independent organization has determined was not knowingly and
intentionally produced from or commingled with food or seed produced with genetic
engineering, provided such determination is made pursuant to a sampling and testing
procedure approved in rules adopted by the commissioner. The commissioner shall not
approve a sampling procedure under this section unless such sampling is 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). The commissioner shall not
approve a testing procedure under this section unless it:
new text end

new text begin (i) is 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
new text end

new text begin (ii) does not rely on testing of processed foods in which no DNA is detectable;
new text end

new text begin (7) food that has been 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 thereto 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 establishment 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

Sec. 3.

new text begin [31.982] MISBRANDING OF GENETICALLY ENGINEERED FOODS
AS NATURAL.
new text end

new text begin In addition to the disclosure requirements in section 31.981, a genetically engineered
food or food ingredient sold or offered for sale in Minnesota may not, on its label,
accompanying signage in a retail establishment, or in any advertising or promotional
materials, state or imply that the food is "natural," "naturally made," "naturally grown,"
"all natural," or any words of similar import that would have any tendency to mislead a
consumer. This section does not apply to items that are exempt from disclosure under
section 31.981, paragraph (b).
new text end

Sec. 4.

Minnesota Statutes 2010, section 34A.03, as added by Laws 2012, chapter 244,
article 2, section 26, 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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (14) it is a genetically engineered food or food ingredient that is not labeled in
accordance with section 31.981 or 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. 5. 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 Constitution or laws 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. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end