BILL NUMBER: SB 1513 INTRODUCED
BILL TEXT

INTRODUCED BY Senator Hayden

FEBRUARY 16, 2000

An act to add Article 8 (commencing with Section 17590) to Chapter1 of Part 3 of Division 7 of the Business and Professions Code, relating to genetically engineered food.

LEGISLATIVE COUNSEL'S DIGEST

SB 1513, as introduced, Hayden. Genetically engineered food products.

Existing law requires truthful representations on the labels or containers of consumer goods.

This bill would require that manufacturers, producers, and distributors of food intended for human consumption label genetically engineered food products, as defined. This bill would also require manufacturers and producers of food to make available samples of their food to a division of the Department of Food and Agriculture to confirm the absence of genetically modified organisms. This bill would establish specified exemptions from the labeling requirements. A violation of these requirements would be a misdemeanor. Because this bill would create a new crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Article 8 (commencing with Section 17590) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read:

Article 8. The California Genetically Engineered Food Products Right to Know Act

17590. The Legislature finds and declares the following: To ensure that California consumers are able to make knowledgeable choices concerning the makeup of their food, manufacturers, producers, and distributors of food intended for human consumption must label or otherwise provide legible disclosure concerning the presence of genetically engineered products or components of foodstuffs offered for sale in this state.

17591. For purposes of this article, the following definitions shall apply:

(a) "Genetically engineered products" include, but are not limited to, products constructed using techniques that alter the molecular or cell biology of the intended plant or animal by means not possible under natural conditions or processes. These alterations include, but are not limited to, insertions of novel, nonspecies identical DNA through any technique such as cell fusion, micro-encapsulation or macro-encapsulation, and viral or bacterial gene insertions.

(b) "Genetically modified organism" means any living organism whose genetic makeup has been altered through the addition of novel, nonspecies related genetic material not otherwise part of the genetic makeup of that organism.

17592. (a) All products intended for human consumption, including, but limited to, processed foods, raw vegetables or fruits, food supplements, or vitamins or foodstuffs delivered from animal production, that are genetically engineered or contain genetically modified organisms, in whole or in part, must be labeled with a disclosure statement as follows: "Consumer Notice: Contains Genetically Engineered or Modified Products."

(b) Products shall be labeled if any detectable portion of the novel DNA or its gene products is present in the commodity intended for consumption by the consumer.

(c) The label shall be as follows:

(1) Set in type face equal to, or in excess of, the type size point used in providing ingredient information.

(2) Printed in a color or density so that it is comparably visible to ingredient information.

(3) Enclosed in a box setting apart from the ingredient or composition section of the label.

17593. Any manufacturer or producer who wishes to label products as being free of genetically modified organisms must first submit the proposed products to a certified laboratory for testing and provide evidence that the product or products contain no more than 0.1 percent genetically modified ingredients.

17594. A label stating that a product is certified organic shall in addition to any other requirement of law, mean that the product is free of genetically modified organisms as defined in this article.

17595. Any product containing 0.1 percent or more of identifiable, genetically modified organisms, as defined, shall be considered adulterated if not labeled as required by this article.

17596. (a) Products that are derived from plant or animal materials that are produced or developed using genetically engineered processing aids, such as enzymes in fermentation, but which themselves do not contain genetically modified organisms, are exempted from the provisions of this article.

(b) Livestock or fowl that have been grown or produced using genetically engineered feedstocks and prescription drugs are exempted from the provisions of this article.

(c) In making these exemptions, the Legislature does not intend to make a determination as to the safety of processing techniques that use genetically modified organisms that leave no detectable residues after conversion, metabolizing, or degradation in the course of being processed in a secondary host.

17597. Restaurants, bakeries, or other establishments that prepare food on the premises or for immediate consumption are not required to label their products unless the end product intended for retail sale is directly made from genetically modified ingredients, including, but not limited to, wheat, corn meal, or soy flour.

17598. Food producers who wish to be exempt from this article shall make available to an appropriate state division in the Department of Food and Agriculture samples of their products for genetic analysis to confirm the absence of genetically modified organisms or byproducts.

17599. A violation of this article is a misdemeanor punishable by imprisonment in a county jail not exceeding 30 days, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.