2015 -- S 0549

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LC001237

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FOOD AND DRUGS - LABELING OF GENETICALLY ENGINEERED

RAW AND PACKAGED FOOD PRODUCTS

     

     Introduced By: Senators Nesselbush, Miller, P Fogarty, Lombardi, and Jabour

     Date Introduced: March 03, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 37

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LABELING OF FOOD PRODUCTS CONTAINING GENETICALLY MODIFIED FOOD

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PRODUCTS

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     21-37-1. Definitions. -- As used in this chapter, the following terms shall have the

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following meanings unless the context clearly specifies otherwise:

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     (a) "Director" means the director of the state department of health;

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     (b) "Food" means and includes food only for human consumption and not any food for

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consumption by animals;

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     (c) "Genetically engineered" means produced from an organism or organisms in which

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the genetic material has been changed through the application of:

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     (i) In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA)

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and direct injection of nucleic acid into cells or organelles; or (ii) Fusion of cells beyond the

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taxonomic family, that overcome natural physiological reproductive or recombinant barriers and

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that are not techniques used in traditional breeding and selection.

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     21-37-2. Disclosure requirements for genetically engineered products. -- (a) Any food

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offered for retail sale in Rhode Island that is genetically engineered must be accompanied by a

 

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conspicuous disclosure that states "Produced with Genetic Engineering." The statement must be

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located on the package for all packaged food or, in the case of unpackaged food, on a card or

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label on the store shelf or bin in which the food is displayed.

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     (b) Any food that is genetically engineered that does not display the disclosure required

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under § 21-37-2(a) is considered mislabelled for the purposes of this chapter except that:

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     (1) Any food is not considered mislabelled if the food is produced by a person or business

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who:

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     (i) Grows, raises or otherwise produces that food without knowledge that the food was

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created from other food that was genetically engineered; and

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     (ii) Obtains a sworn statement from the person or business from whom the food was

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obtained that the food was not knowingly genetically engineered and was segregated from and

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not knowingly commingled with a food component that may have been genetically engineered;

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     (2) A food product derived from an animal is not considered mislabelled if the animal

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was not genetically engineered but was fed genetically engineered feed; and

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     (3) A packaged processed food is not considered mislabelled if the total weight of the

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processed food that was genetically engineered is less than nine tenths of one percent (0.9%) of

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total weight of the processed food.

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     (c) Any person selling, offering for sale or distributing in this state any food required to

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contain a label with a disclosure, as provided in this section, shall be responsible for ensuring that

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such food is so labeled.

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     21-37-3. Use of term "natural". – A food that is subject to disclosure under this chapter

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may not be described on the label or by similar identification as "natural."

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     21-37-4. Exceptions. -- The provisions of § 21-37-2 shall not apply to any of the

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following:

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     (a) Alcoholic beverages;

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     (b) Food intended for human consumption that is not packaged for retail sale and that

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either: (1) Is a processed food prepared and intended for immediate consumption; or (2) Is served,

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sold or otherwise provided in any restaurant or other food facility that is primarily engaged in the

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sale of food prepared and intended for immediate consumption;

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     (c) Farm products that are sold by a farmer or the farmer's agent to a consumer at a pick-

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your-own farm, roadside stand, on-farm market or farmers' market; and

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     (d) Food consisting entirely of, or derived entirely from, an animal that was not

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genetically engineered, regardless of whether such animal was fed or injected with any

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genetically-engineered food or any drug that was produced through means of genetic engineering.

 

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     21-37-5. Third-party protection. -- A distributor or retailer that sells or advertises food

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that is genetically engineered that fails to make the disclosure required under § 21-37-2 is not

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subject to liability in any civil action to enforce this chapter if the distributor or retailer relied

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upon the sworn statement pursuant to § 21-37-2(b)(1)(ii), provided by the producer or grower

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stating that the food is not subject to the disclosure requirements of this chapter.

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     21-37-6. Rules and Regulations. -- The director of health shall promulgate rules and

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regulations which aid in the administration and enforcement of this chapter.

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     21-37-7. Severability. -- If any provision of this chapter or the application thereof to any

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person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - LABELING OF GENETICALLY ENGINEERED

RAW AND PACKAGED FOOD PRODUCTS

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     This act would require that all genetically engineered food offered for retail sale in this

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state contain a label with the disclosure that the food is genetically engineered food.

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     This act would take effect on January 1, 2017.

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