Bill Text

This bill text is based on 2003 NY A 4458.

Genetically Engineered Food Labeling Act

Section 1. Short Title.

This Act shall be known as and may be cited as the “<insert your state’s name here> Genetically Engineered Food Labeling Act.”

Section 2. Legislative Findings.

The Legislature for the state of <insert your state’s name here> finds the following:

(A) Agriculture is important to the economic and general welfare of the state of <insert your state’s name here>;

(B) The cultivation of genetically engineered organisms has rapidly increased in recent years, with few regulations;

(C) With the rapid rise in the use of genetically engineered organisms has come multiple concerns over potential contamination of organic crops, contamination of food and food products with genetically engineered organisms, consumer food allergies, and general consumer concerns over their right to choose what they consume;

(D) Many international bodies, including the European Union but excluding the United States, have enacted labeling procedures for food and food products containing genetically engineered organisms;

(E) Labeling food and food products that contain genetically engineered organisms will allow <insert your state’s name here> to maintain and protect the integrity of the many sectors of the agricultural industry, address consumer concerns, and promote general human health.

Section 3. Legislative Intent.

It is the intent of the Legislature to:

(A) Regulate the labeling of food and food products that contain genetically engineered organisms that are regularly consumed by the general public;

(B) Alleviate consumer concern by labeling food and food products that contain genetically engineering organisms and by allowing consumers to make informed decisions; and

(C) Create the <insert your state’s name here> Genetically Engineering Food Labeling Act to accomplish these intentions.

Section 4. Definitions.

For the purposes of this Act, the following words have the following meanings:

(A) “Agriculturally related organism” refers to any organism that is used in agricultural production or processing of agricultural products.

(1) The following organisms are included:

(a) Livestock and livestock products;

(b) Dairy animal and dairy products;

(c) Poultry and poultry products;

(d) Fish, crustaceans, mollusks, and other aquaculture products;

(e) Animal feed;

(f) Horticultural stock;

(g) Vegetable feed, vegetables, fruit, forage grain, and wild rice;

(h) Seeds;

(i) Bees;

(j) Apiary products;

(k) Produce grown and harvested in a home vegetable garden; and

(l) Products for the control or mitigation of noxious weeds.

(2) The following organisms are excluded:

(a) Vaccines and drugs for use in humans;

(b) Genetic engineering of human germ cells and human somatic cells intended for use in human gene therapy;

(c) Vaccines for use in livestock, dairy animals, poultry, domestic animals, or private aquatic life; and

(d) Generically engineered wild animals and forest products.

(B) “Commissioner” refers to the head of the Department of Agriculture <or insert your state’s equivalent>.

(C) “Department” refers to the <insert your state’s name here> Department of Agriculture <or insert your state’s equivalent>.

(D) “Genetically engineered product” refers to any food or food product constructed using genetically engineered organisms containing <recommend a level no lower than 0.5% of a genetically engineered organism component>.

(E) “Genetically engineered organism” refers to any living organism whose genetic composition has been altered through the addition of novel, nonspecies-related genetic material that is not otherwise part of the genetic composition of such organism. This includes the offspring of such an organism if it possesses any of the changed molecular or cellular characteristics of the parent.

(F) “Genetically engineered organism-free (GE free)” refers to any food or food product that is free of genetically engineered products, genetically engineered organisms and the derivatives thereof, and all products made therefrom within a margin to be determined by the Department. [Recommend a level no greater than 0.5% content of a genetically engineered organism component to be considered GE free.]

(G) “GE-free producer” refers to:

(1) Any person growing and/or directly involved in the production of crops, livestock, or other agriculturally related organisms, who can demonstrate to the satisfaction of the Commissioner that such crops, livestock, or organisms are GE free; or

(2) Any person engaged in the manufacture, processing, or other production of food or a food product, who can demonstrate to the satisfaction of the Commissioner that such food or food product is GE free.

Section 5. Labeling Requirements.

(A) Any food or food product offered for sale that contains a genetically engineered organism shall be labeled in the following manner:

(1) The label shall minimally contain the following statement: “This product contains <% of content> of a genetically engineered organism”; and

(2) The label shall appear on the principal display panel of the product, be attached to the container of a bulk product, and may appear in any advertisement for the product.

(B) Any food or food product offered for sale that does not contain a genetically engineered organism shall be labeled in the following manner:

(1) The label shall minimally contain the following, “This product does not contain a genetically engineered organism” or “This product is GE free” or “This product contains under <% maximum content> of a genetically engineered organism”; and

(2) The label shall appear on the principal display panel of the product, be attached to the container of a bulk product, and may appear in any advertisement for the product.

Section 6. Food Registry.

(A) The Commissioner shall establish a food registry containing the following information:

(1) A list of food and food products, which are labeled as GE free; and

(2) A list of producers whose products are GE free.

(B) The application procedure for inclusion on the food registry will entail a completed application that minimally contains the following information for the food and/or food product to be considered for inclusion as a GE free product:

(1) Name and address of producer;

(2) Ingredients; and

(3) Independent verification of the GE free claim.

(C) The food registry shall be made public by the following methods:

(1) A public website maintained by the Department; and

(2) A print form may be made available upon written request to the Commissioner.

Section 7. Monitoring and Penalties.

(A) The Commissioner shall develop the necessary procedures to investigate, inspect, and sample the purity of crops, livestock, agriculturally related organisms, food, and food products offered for sale as GE free as part of, or in consideration for, listing on the food registry.

(B) The penalties for mislabeling a food or food product as GE free as determined by the Commissioner shall be the following:

(1) The Commissioner shall order the producer of the food or food product labeled as GE free to cease and desist from using that designation;

(2) The Commissioner may also order the withdrawal of the food or food products from all locations where offered for sale; and

(3) A refusal to comply with an order will be deemed a willful mislabeling and the following penalties may be assessed:

(a) A written notice of violation shall be mailed to the producer with the following information:

(i) Name and business address of alleged violator;

(ii) Date and place of the alleged violation;

(iii) Description of alleged violation; and

(iv) Fine assessed by the Commissioner. [Recommend a minimum fine of $100.00 per day until violation is corrected.]

(b) A written notice that has been mailed to a producer shall be made available to the public free of charge within five days of mailing to the producer; and

(c) The food, food product, and producer shall be removed from the food registry until the Commissioner is satisfied the violation has been corrected.

Section 8. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 9. Promulgation of Regulations.

The Department is authorized to make rules and perform any additional duties deemed necessary to implement the provisions of this Act.

Section 10. Effective Date.

This Act shall take effect immediately upon enactment.