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House
Bill 5399
Legislative
analysis
1999 Bill Tracking
MI H.B. 5399, 90TH LEGISLATURE -- 2000 REGULAR
SESSION, HOUSE BILL 5399, DATE-INTRO: FEBRUARY
17, 2000, LAST-ACTION: FEBRUARY 17, 2000; To HOUSE
Committee on AGRICULTURE AND RESOURCE MANAGEMENT.,
Relates to food; requires label identifying genetically
altered foods., MICHIGAN
(Ed. note:
Relevant passage about genetically engineered
foods is in point (N) at bottom of bill)
February 17, 2000, Introduced by
Reps. Baird and Martinez and referred to the Committee
on Agriculture and Resource Management. A bill
to amend 1968 PA 39, entitled "Michigan food
law of 1968," by amending section 17 (MCL
289.717).
THE PEOPLE OF THE STATE OF MICHIGAN
ENACT:
Sec. 17. (1) A food is deemed
CONSIDERED misbranded IF ANY OF THE FOLLOWING
APPLY:
(a) If its ITS
labeling is false or misleading in any particular.
(b) If it IT is
offered for sale under the name of another food.
(c) If it IT
is an imitation of another food for which a definition
and standard of identity has been prescribed by
regulations as provided by section 15 or under
the federal act; or if it is an imitation of another
food that is not subject to subsection
SUBDIVISION (g), of this section,
unless its label 05446'99 LBO 2
bears, in type of uniform size and prominence,
the word "imitation", and, immediately
thereafter, the name of the food imitated.
(d) If its ITS
container is so made, formed or filled as 5
to be misleading.
(e) If IT IS in
package form, unless it bears a label containing
(1) the name and place of business of the manufacturer,
packer, or distributor; and (2) an accurate statement
of the quantity of the contents in terms of weight,
measure, or numerical count , except
that reasonable variations are permitted ,
and exemptions as to small packages shall
be established by regulations prescribed by the
department.
(f) If any ANY
word, statement, or other labeling required by
or under authority of this act is not prominently
placed on the label with conspicuousness ,
and in such terms as to render it likely
to be read and understood.
(g) If it IT purports
to be or is represented as a food for which a
definition and standard of identity has been prescribed
by regulations as provided by section 15 or under
the federal act , unless it conforms
to such definition and standard , and
its label bears the name of the food specified
in the definition and standard , and,
insofar as may be required by the regulations,
the common names of optional ingredients, other
than spices, flavoring, and coloring, present
in such food.
(h) If it IT purports
to be or is represented as EITHER OR BOTH OF THE
FOLLOWING: 05446'99 3
(1) A food for which a standard
of quality has been prescribed by regulations
as provided by section 15 and its quality falls
below such standard unless its label bears, in
such manner and form as such regulations specify,
a statement that it falls below such standard.
(2) A food for which a standard
or standards of fill of container have been prescribed
by regulation as provided by section 15 ,
and it falls below the standard of fill
of container applicable thereto , unless
its label bears, in such manner and form as the
regulations specify, a statement that it falls
below the standard.
(i) If it IT is
not subject to the provisions of subdivision (g)
of this section, unless it bears
labeling clearly giving (1) the
common or usual name of the food, if any, there
be, and (2) in case
it is fabricated from 2 or more ingredients, the
common or usual name of each ingredient ;
except that spices, flavorings, and colorings,
other than those sold as such, may be designated
as spices, flavorings, and colorings, without
naming each AND UNDER CIRCUMSTANCES AS ESTABLISHED
BY RULES REGARDING EXEMPTIONS BASED UPON PRACTICALITY,
POTENTIAL DECEPTION, AND UNFAIR COMPETITION. To
the extent that compliance with the requirements
of clause (2) of this subdivision is impractical
or results in deception or unfair competition,
exemptions shall be established by regulations
promulgated by the department.
(j) If it IT bears
or contains any artificial flavoring, artificial
coloring, or chemical preservative , unless
it 05446'99 4 bears
THE labeling stating STATES
that fact AND UNDER OTHER CIRCUMSTANCES AS ESTABLISHED
BY RULES REGARDING EXEMPTIONS BASED UPON PRACTICALITY.
To the extent that compliance with the
requirements of this paragraph is impracticable,
exemptions shall be established by regulations
promulgated by the director.
(k) If it purports to be or is represented
for special dietary uses, unless its label bears
such information concerning its vitamin, mineral,
or other dietary properties as the department
determines to be and by regulations prescribed,
as necessary in order to fully inform purchasers
as to its value for such uses AND UNDER CIRCUMSTANCES
AS ESTABLISHED BY RULES REGARDING EXEMPTIONS BASED
UPON PRACTICALITY. To the extent that
compliance with the requirements of this subdivision
is impracticable, exemptions shall be established
by regulations promulgated by the department.
(l) If it is a product intended
as an ingredient of another food and when used
according to the directions of the purveyor will
result in the final food product being adulterated
or misbranded.
(m) If it is a color additive unless
its WHOSE packaging and labeling are
NOT in conformity with such packaging and labeling
requirements applicable to such color additive
prescribed under the provisions of the federal
act.
(N) IT IS GENETICALLY MODIFIED FOOD
OR COMES FROM A GENETICALLY MODIFIED ORGANISM
WITHOUT BEING CLEARLY LABELED AS SUCH IN A MANNER
ACCEPTABLE TO THE DEPARTMENT. 05446'99 5
(2) AS USED IN THIS SECTION:
(A) "GENETICALLY MODIFIED FOOD"
MEANS A FOOD THAT IS DERIVED FROM A GENETICALLY
MODIFIED ORGANISM OR FROM A PLANT OR ANIMAL FED
OR TREATED WITH MATERIALS FROM A GENETICALLY MODIFIED
ORGANISM. GENETICALLY MODIFIED FOOD INCLUDES A
FOOD PRODUCT CONTAINING AN INGREDIENT FROM A GENETICALLY
MODIFIED ORGANISM OR A PLANT OR ANIMAL FED OR
TREATED WITH MATERIALS FROM A GENETICALLY MODIFIED
ORGANISM.
(B) "GENETICALLY MODIFIED ORGANISM"
MEANS AN ORGANISM WHOSE GENOME HAS BEEN ALTERED
USING CELLULAR AND MOLECULAR METHODS FOR GENETIC
MODIFICATION THAT IS NOT TRADITIONALLY USED TO
SELECT BENEFICIAL GENETIC TRAITS.
House
Legislative Analysis
REQUIRE LABELING OF GENETICALLY
MODIFIED FOODS
House Bill 5399
Sponsor: Rep. Laura Baird
Committee: Agriculture and
Resource Management
Complete to 5-10-00
A SUMMARY OF HOUSE BILL
5399 AS INTRODUCED 2-17-00
The Michigan Food Law of 1968, among
other things, prohibits the misbranding of food
(MCL 289.707) and specifies that a food is misbranded
if it falls under any of a list of circumstances,
including "if its labeling is false or misleading
in any particular." The bill would amend
the act to require the labeling of genetically
modified food by including in the current list
that specifies circumstances under which a food
is "misbranded" food that was "genetically
modified food or [came] from a genetically modified
organism without being clearly labeled as such
in a manner acceptable to the department [of Agriculture]."
Definitions. The bill would
define "genetically modified food" and
"genetically modified organism." "Genetically
modified food" would mean "food that
[was] derived from a genetically altered organism
or from a plant or animal fed or treated with
materials from a genetically modified organism."
"Genetically modified food" would include
a food product containing an ingredient from a
genetically modified organism or a plant or animal
fed or treated with materials from a genetically
modified organism.
A "genetically modified organism"
would mean "an organism whose genome [had]
been altered using cellular and molecular methods
for genetic modification that [was] not traditionally
used to select beneficial traits."
Other provisions. The bill
also would rewrite current provisions in the list
of circumstances under which food is misbranded
that refer to rules establishing exemptions for
reasons of practicality, deception, and unfair
competition.
MCL 289.717
Analyst: S. Ekstrom
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