2017 -- S 0746

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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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, Lombardi, Quezada, Crowley, and Pearson

     Date Introduced: April 12, 2017

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 38

LABELING OF FOOD PRODUCTS CONTAINING GENETICALLY MODIFIED FOOD

PRODUCTS

     21-38-1. Definitions.

     As used in this chapter, the following terms shall have the following meanings unless the

context clearly specifies otherwise:

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

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

consumption by animals;

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

the genetic material has been changed through the application of:

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

and direct injection of nucleic acid into cells or organelles; or

     (ii) Fusion of cells beyond the taxonomic family, that overcome natural physiological

reproductive or recombinant barriers and that are not techniques used in traditional breeding and

selection.

     21-38-2. Disclosure requirements for genetically engineered products.

     (a) Any food offered for retail sale in Rhode Island that is genetically engineered must be

accompanied by a conspicuous disclosure that states "Produced with Genetic Engineering." The

statement must be located on the package for all packaged food or, in the case of unpackaged

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

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

under §21-38-2(a) is considered mislabeled for the purposes of this chapter except that:

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

who:

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

created from other food that was genetically engineered; and

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

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

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

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

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

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

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

total weight of the processed food.

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

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

such food is so labeled.

     21-38-3. Use of term "natural".

     A food that is subject to disclosure under this chapter may not be described on the label

or by similar identification as "natural."

     21-38-4. Exceptions.

     The provisions of §21-38-2 shall not apply to any of the following:

     (1) Alcoholic beverages;

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

either:

     (i) Is a processed food prepared and intended for immediate consumption; or

     (ii) 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 consumption;

     (3) 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

     (4) 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.

     21-38-5. Third-party protection.

     A distributor or retailer that sells or advertises food that is genetically engineered that

fails to make the disclosure required under §21-38-2 is not subject to liability in any civil action

to enforce this chapter if the distributor or retailer relied upon the sworn statement pursuant to

§21-38-2(b)(1)(ii), provided by the producer or grower stating that the food is not subject to the

disclosure requirements of this chapter.

     21-38-6. Rules and Regulations.

     The director of the department of health shall promulgate rules and regulations which aid

in the administration and enforcement of this chapter.

     21-38-7. Contingent effective date.

     (a) On October 1, following the date the director recognizes the occurrence of both of the

following:

     (1) Four (4) states, not including this state, enact a mandatory labeling law for genetically

engineered foods that is consistent with the provisions of this chapter, provided one such state

borders Rhode Island; and

     (2) The aggregate population of such states located in the northeast region of the United

States that have enacted a mandatory labeling law for genetically engineered foods that is

consistent with this chapter exceed twenty million (20,000,000) people, based on 2010 census

figures.

     (b) Not later than thirty (30) days after the director recognizes the occurrence of the

events described in subsections (a)(1) and (a)(2) of this section, the director shall cause to be

published in the newspaper in the state having the largest circulation, notice of the date the

requirements of this section become effective. For purposes of this section, "states located in the

northeast region of the United States" means Maine, Vermont, New Hampshire, Massachusetts,

Connecticut, New York, New Jersey and Pennsylvania.

     21-38-8. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances

is held invalid, such invalidity shall not affect other provisions or applications of the chapter,

which can be given effect without the invalid provision or application, and to this end the

provisions of this chapter are declared to be severable.

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     SECTION 3. This act shall take effect upon passage.

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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

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

occurrence of four (4) other states adopting similar mandatory labelling laws, as specified in this

act.

     This act would take effect upon passage.

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