MINNESOTA BILL TEXT

H.F No. 3973, as introduced: 81st Legislative Session (1999-2000)
VERSION: Introduced
March 1, 2000

Kelliher

A bill for an act relating to commerce; prohibiting the sale of genetically engineered food unless labeled; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

TEXT:

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [325F.49] [DEFINITIONS.]

• Subdivision 1. [SCOPE.] For purposes of sections 325F.49 to 325F.495, the terms defined in this section have the meanings given them.

• Subd. 2. [FOOD PRODUCT.] "Food product" means articles used for food or drink for humans, and articles used for components of any such articles.

• Subd. 3. [GENETICALLY ENGINEERED MATERIAL.] "Genetically engineered material" means material derived from any part of a genetically engineered organism, without regard to whether the altered molecular or cellular characteristics of the organism are detectable in the material.

• Subd. 4. [GENETICALLY ENGINEERED ORGANISM.] "Genetically engineered organism" means:
  1. an organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes, including, but not limited to, recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes, other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture; and
  2. an organism made through sexual or asexual reproduction, or both, involving an organism described in clause (1), if possessing any of the altered molecular or cellular characteristics of the organism so described.

Sec. 2. [325F.495] [PROHIBITION; LABELING.]

Subdivision 1. [PROHIBITION.] It is unlawful to sell at retail a food product in this state that contains genetically engineered material, or was produced with genetically engineered material, unless it bears a label that provides the following notice in a clear and conspicuous manner: "GENETICALLY ENGINEERED. THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL." For purposes of this subdivision, a food shall be considered to have been produced with a genetically engineered material if:
1. the organism from which the food is derived has been injected or otherwise treated with a genetically engineered material, except that the use of manure as a fertilizer for raw agricultural commodities may not be construed to mean that such commodities are produced with a genetically engineered material;
2. the animal from which the food is derived has been fed genetically engineered material; or
3. the food contains an ingredient that is a food to which clause (1) or (2) applies.
• Subd. 2. [EXEMPTIONS.] This section does not apply to food that is served in restaurants or other establishments in which food is served for immediate human consumption either on or off the establishment premises or is a medical food as defined in section 5(b) of the Orphan Drug Act, United States Code, title 21, section 360ee.

• Subd. 3. [GUARANTY.] A person does not violate the requirements of this section with respect to the labeling of a food product if the person, referred to in this subdivision as the "recipient," establishes a guaranty signed by the person from whom the recipient received in good faith the food product, to the effect that the food product does not contain genetically engineered material or was not produced with a genetically engineered material.

• Subd. 4. [PENALTIES.]
  1. (a) The public and private remedies of section 8.31 apply to violations of this section.
  2. (b) This subdivision does not apply to violations by a farmer who plants crops that did not contain genetically engineered material if the crops are contaminated by surrounding crops containing genetically engineered material, so long as the farmer did not intend for the contamination to occur or negligently permit the contamination to occur. 1999 MN H.F. 3973 (SN)

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