HF 3973

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; prohibiting the sale of 
  1.3             genetically engineered food unless labeled; providing 
  1.4             penalties and remedies; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 325F. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325F.49] [DEFINITIONS.] 
  1.8      Subdivision 1.  [SCOPE.] For purposes of sections 325F.49 
  1.9   to 325F.495, the terms defined in this section have the meanings 
  1.10  given them. 
  1.11     Subd. 2.  [FOOD PRODUCT.] "Food product" means articles 
  1.12  used for food or drink for humans, and articles used for 
  1.13  components of any such articles. 
  1.14     Subd. 3.  [GENETICALLY ENGINEERED MATERIAL.] "Genetically 
  1.15  engineered material" means material derived from any part of a 
  1.16  genetically engineered organism, without regard to whether the 
  1.17  altered molecular or cellular characteristics of the organism 
  1.18  are detectable in the material. 
  1.19     Subd. 4.  [GENETICALLY ENGINEERED ORGANISM.] "Genetically 
  1.20  engineered organism" means: 
  1.21     (1) an organism that has been altered at the molecular or 
  1.22  cellular level by means that are not possible under natural 
  1.23  conditions or processes, including, but not limited to, 
  1.24  recombinant DNA and RNA techniques, cell fusion, 
  1.25  microencapsulation, macroencapsulation, gene deletion and 
  2.1   doubling, introducing a foreign gene, and changing the positions 
  2.2   of genes, other than a means consisting exclusively of breeding, 
  2.3   conjugation, fermentation, hybridization, in vitro 
  2.4   fertilization, or tissue culture; and 
  2.5      (2) an organism made through sexual or asexual 
  2.6   reproduction, or both, involving an organism described in clause 
  2.7   (1), if possessing any of the altered molecular or cellular 
  2.8   characteristics of the organism so described. 
  2.9      Sec. 2.  [325F.495] [PROHIBITION; LABELING.] 
  2.10     Subdivision 1.  [PROHIBITION.] It is unlawful to sell at 
  2.11  retail a food product in this state that contains genetically 
  2.12  engineered material, or was produced with genetically engineered 
  2.13  material, unless it bears a label that provides the following 
  2.14  notice in a clear and conspicuous manner:  "GENETICALLY 
  2.15  ENGINEERED.  THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED 
  2.16  MATERIAL OR WAS PRODUCED WITH A GENETICALLY ENGINEERED 
  2.17  MATERIAL."  For purposes of this subdivision, a food shall be 
  2.18  considered to have been produced with a genetically engineered 
  2.19  material if: 
  2.20     (1) the organism from which the food is derived has been 
  2.21  injected or otherwise treated with a genetically engineered 
  2.22  material, except that the use of manure as a fertilizer for raw 
  2.23  agricultural commodities may not be construed to mean that such 
  2.24  commodities are produced with a genetically engineered material; 
  2.25     (2) the animal from which the food is derived has been fed 
  2.26  genetically engineered material; or 
  2.27     (3) the food contains an ingredient that is a food to which 
  2.28  clause (1) or (2) applies. 
  2.29     Subd. 2.  [EXEMPTIONS.] This section does not apply to food 
  2.30  that is served in restaurants or other establishments in which 
  2.31  food is served for immediate human consumption either on or off 
  2.32  the establishment premises or is a medical food as defined in 
  2.33  section 5(b) of the Orphan Drug Act, United States Code, title 
  2.34  21, section 360ee. 
  2.35     Subd. 3.  [GUARANTY.] A person does not violate the 
  2.36  requirements of this section with respect to the labeling of a 
  3.1   food product if the person, referred to in this subdivision as 
  3.2   the "recipient," establishes a guaranty signed by the person 
  3.3   from whom the recipient received in good faith the food product, 
  3.4   to the effect that the food product does not contain genetically 
  3.5   engineered material or was not produced with a genetically 
  3.6   engineered material. 
  3.7      Subd. 4.  [PENALTIES.] (a) The public and private remedies 
  3.8   of section 8.31 apply to violations of this section. 
  3.9      (b) This subdivision does not apply to violations by a 
  3.10  farmer who plants crops that did not contain genetically 
  3.11  engineered material if the crops are contaminated by surrounding 
  3.12  crops containing genetically engineered material, so long as the 
  3.13  farmer did not intend for the contamination to occur or 
  3.14  negligently permit the contamination to occur.