1999 H.B. 506, 119TH LEGISLATURE
-- FIRST REGULAR SESSION, LEGISLATIVE REQUEST,
DATE-INTRO: JANUARY 26, 1999, LAST-ACTION: JUNE
22, 2000; 119th Legislature -- Second Regular
Session Adjourned - 05/12/2000 - No Carryover.,
(LD 713)Requires the labeling by retailers of
genetically engineered food; required packaged
food to be labeled or stamped "genetically
engineered;" requires unpackaged foods for
off-premises consumption to have a conspicuous
sign or label either on the food or immediately
next to it; excludes restaurants from these requirements.
Bill
Be it enacted by the People of the State of Maine
as follows:
Sec. 1. 22 MRSA §2152, sub-§§2-A,
4-C and 4-D are enacted to read:
2-A. Distributor. "Distributor" means
a person who sells or transports or causes the
sale or transportation of food for human consumption
at a point between a manufacturer and a retail
food establishment.
4-C. Genetically engineered food. "Genetically
engineered food" means a substance for human
consumption that contains a genetic material from
another species or a genetic material assembled
in vitro, which genetic material is introduced
into the substance by nonsexual means as the result
of a current or previous application of a recombinant
deoxyribonucleic acid, or rDNA, technique or other
similar technique for genetic manipulation capable
of combining or introducing genetic material from
dissimilar organisms. "Genetically engineered
food" also means a substance that contains
a genetically engineered food or part of that
genetically engineered food as an ingredient.
"Genetically engineered food" does not
include a food developed exclusively through traditional
methods of breeding, such as artificial insemination,
embryo transfer, hybridization or nondirected
mutagenesis, nor does it include foods containing
extracted products of a genetically engineered
organism with no more than trace amounts of the
organism itself or its genetic material.
4-D. Genetic material. "Genetic material"
means deoxyribonucleic acid, or DNA, or ribonucleic
acid, or RNA.
Sec. 2. 22 MRSA §2152, sub-§7-A, as
enacted by PL 1979, c. 672, Pt. A, §53, is
repealed and the following enacted in its place:
7-A. Retail food establishment. "Retail
food establishment" means an establishment
at which food is sold or offered for sale for
off-premises consumption and does not include
restaurants.
Sec. 3. 22 MRSA §2152, sub-§§9
and 10 are enacted to read:
9. Manufacturer. "Manufacturer" means
a person who owns, leases, operates, controls
or supervises a plant, farm or any other facility
at which food for human consumption is produced.
10. Retailer. "Retailer" means a person
who owns, leases, operates, controls or supervises
a retail food establishment.
Sec. 4. 22 MRSA §2157, sub-§11, as
amended by PL 1985, c. 676, §2, is further
amended to read:
11. Artificial flavoring and coloring. If it
bears or contains any artificial flavoring, artificial
coloring or chemical preservative, unless it bears
labeling stating the fact. If the artificial flavoring
and artificial coloring declaration does not refer
to the entire contents of the package, the words
"artificial flavoring" and "artificial
coloring" must follow immediately each of
the ingredients of the package containing one
or more of these substances. The common or usual
name of any chemical preservative must be immediately
followed by the words "chemical preservation"."
To the extent that compliance with the requirements
of this subsection is impracticable, exemptions
shall must be established by regulations promulgated
rules adopted by the Commissioner of "Agriculture,
Food and Rural Resources" commissioner. This
subsection, and subsections 7 and 9, with respect
to artificial coloring, shall do not apply in
the case of butter, cheese or ice cream; or
Sec. 5. 22 MRSA §2157, sub-§13, ¶C,
as enacted by PL 1989, c. 115, is amended to read:
C. There is a conspicuously displayed directory
to which customers can refer for information on
the contents of unpackaged products offered for
sale.;
Sec. 6. 22 MRSA §2157, sub-§14, ¶C,
as amended by PL 1991, c. 506, §5, is further
amended to read:
C. The owner or manager of a retail outlet shall
ensure that produce without post-harvest treatment,
as determined by the commissioner, is identified
by a sign contiguous to the specific produce.;
Sec. 7. 22 MRSA §2157, sub-§§15
and 16 are enacted to read:
15. Sale by manufacturer or distributor of genetically
engineered food. If a manufacturer or distributor
sells a genetically engineered food unless the
invoice for that particular food is correctly
marked with the words "genetically engineered";
and
16. Sale by retailer of genetically engineered
food. If a retailer sells, offers for sale or
exposes for sale a genetically engineered food
unless:
A. The package in which that food is offered
for sale conspicuously bears a label or stamp
indicating that the food is genetically engineered;
or
B. When the food is offered for consumption and
is not packaged, a conspicuous label or sign is
placed on the food or immediately next to the
food indicating that the food is genetically engineered.
Sec. 8. 22 MRSA §2166, as amended by PL
1991, c. 230, §2, is further amended by adding
at the end a new paragraph to read:
It is an affirmative defense in an action or
proceeding against a distributor or retailer for
a violation of section 2157 if the person from
whom the distributor or retailer purchased genetically
engineered food did not provide notice on the
delivery tickets and invoices of the information
described in section 2157, subsections 15 and
16.
SUMMARY
This bill requires the labeling by retailers
of genetically engineered food.
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