"Minnesota H.F No. 3973"
Minnesota 81st Regular Session
March 1, 2000
Introduced by Rep. Kelliher
MINNESOTA BILL TEXT
H.F No. 3973, as introduced: 81st Legislative Session (1999-2000)
March 1, 2000
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.
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
- 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:
- 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
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,
hybridization, in vitro fertilization, or tissue culture; and
- 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
Sec. 2. [325F.495] [PROHIBITION; LABELING.]
Subdivision 1. [PROHIBITION.] It is unlawful to sell at
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
"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:
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.
- 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
- the animal from which the food is derived has been fed
genetically engineered material; or
- the food contains an ingredient that is a food to which clause
(1) or (2) applies.
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.]
- (a) The public and private remedies
of section 8.31 apply to violations of this section.
- (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)
END OF DOCUMENT
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