H.F No. 2614, as introduced: 81st Legislative Session (1999-2000) Posted on Jan 14, 2000Short Description: Genetically modified organism use regulated. 1.1 A bill for an act

1.2 relating to agriculture; regulating the use of

1.3 genetically modified organisms; amending Minnesota

1.4 Statutes 1998, sections 18F.01; and 18F.02,

1.5 subdivisions 2a, 5, and by adding subdivisions;

1.6 proposing coding for new law in Minnesota Statutes,

1.7 chapter 18F.

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

1.9 Section 1. Minnesota Statutes 1998, section 18F.01, is

1.10 amended to read:

1.11 18F.01 [PURPOSE.]

1.12 The purpose purposes of sections 18F.01 to 18F.13 is 18F.35

1.13 are to establish permits for monitor and regulate the release of

1.14 certain genetically engineered and genetically modified

1.15 agriculturally related organisms to protect humans and the

1.16 environment from the potential for significant adverse effects

1.17 of those from releases; and to ensure that the use of

1.18 agriculturally related genetically modified organisms does not

1.19 violate the rights of agricultural growers and consumers who

1.20 elect not to grow or consume genetically modified organisms.

1.21 Sec. 2. Minnesota Statutes 1998, section 18F.02,

1.22 subdivision 2a, is amended to read:

1.23 Subd. 2a. [AGRICULTURALLY RELATED ORGANISM.]

1.24 "Agriculturally related organism" means any organism that is

1.25 used in agricultural production or processing of agricultural

1.26 products. It includes livestock and livestock products; dairy

2.1 animals and dairy products; poultry and poultry products;

2.2 domestic fur-bearing animals; animal feeds; horticultural stock;

2.3 nursery stock, as defined in section 18.46, subdivision 3;

2.4 fruit; vegetables; forage grain; wild rice; seeds; bees; apiary

2.5 products; produce grown and harvested in a home vegetable

2.6 garden; and products for the control or mitigation of noxious

2.7 weeds. It excludes vaccines and drugs for use in humans;

2.8 genetic engineering of human germ cells and human somatic cells

2.9 intended for use in human gene therapy; vaccines for use in

2.10 livestock, dairy animals, poultry, domestic fur-bearing animals,

2.11 or private aquatic life; genetically engineered wild animals;

2.12 and forestry products.

2.13 Sec. 3. Minnesota Statutes 1998, section 18F.02, is

2.14 amended by adding a subdivision to read:

2.15 Subd. 2b. [AGRICULTURAL GROWER; PRODUCER.] "Agricultural

2.16 grower" or "producer" means a landowner or tenant, however

2.17 lawfully organized, growing and directly involved in the

2.18 production of crops, livestock, or other agriculturally related

2.19 organisms. "Agricultural grower" also means a person who grows

2.20 and harvests agriculturally related organisms in a vegetable

2.21 garden primarily for household use.

2.22 Sec. 4. Minnesota Statutes 1998, section 18F.02,

2.23 subdivision 5, is amended to read:

2.24 Subd. 5. [GENETICALLY ENGINEERED OR GENETICALLY MODIFIED

2.25 ORGANISM OR GMO.] "Genetically engineered or genetically

2.26 modified organism or GMO" means an organism that has been

2.27 modified directly or indirectly using genetic engineering.

2.28 Sec. 5. Minnesota Statutes 1998, section 18F.02, is

2.29 amended by adding a subdivision to read:

2.30 Subd. 5a. [GMO-FREE CONTENT.] "GMO-free content" means an

2.31 agriculturally related organism, or all of the component parts

2.32 of a product made from one or more agriculturally related

2.33 organisms, that is entirely free of content derived from

2.34 genetically modified organisms.

2.35 Sec. 6. Minnesota Statutes 1998, section 18F.02, is

2.36 amended by adding a subdivision to read:

3.1 Subd. 8a. [TECHNOLOGY USE AGREEMENT.] "Technology use

3.2 agreement" means a license for the use of agriculturally related

3.3 organisms in which the licensing party asserts and retains title

3.4 to ownership of the genetically engineered traits of the

3.5 livestock or crops derived from the organisms.

3.6 Sec. 7. [18F.21] [PRODUCTS FROM NONGENETICALLY MODIFIED

3.7 ORGANISMS; OPTION FOR LABELING.]

3.8 Subdivision 1. [LABELING.] (a) Products offered for

3.9 wholesale or retail sale in this state which contain only

3.10 ingredients or component source products that have been grown,

3.11 harvested, processed, and handled pursuant to the requirements

3.12 of this section, may be labeled: "This product consists

3.13 entirely of ingredients free of genetically modified organisms,"

3.14 "farmer certified GMO-free," or with a message conveying similar

3.15 meaning.

3.16 (b) The label described in paragraph (a) may appear on the

3.17 principal display panel of a packaged product, be conspicuously

3.18 attached to the container of a bulk product, or appear in any

3.19 advertisement for a product, including media advertising, or

3.20 displays or placards posted in retail stores.

3.21 Subd. 2. [AFFIDAVIT; RECORDS.] (a) A processor purchasing

3.22 agricultural crops or livestock or partially processed

3.23 components to be used in products labeled under subdivision 1

3.24 must require an affidavit approved by the commissioner from

3.25 producers or processors supplying the crop, livestock, or

3.26 partially processed components to the processor. This affidavit

3.27 must be signed by the producer or processor or an authorized

3.28 representative and state that all livestock grain, feed stock,

3.29 or partially processed components delivered by the producer to

3.30 the processor for use in the processor's operations are free of

3.31 genetically modified organisms.

3.32 (b) A processor must keep original affidavits from

3.33 producers or processors on file for a period of not less than

3.34 two years. These affidavits and corresponding records must be

3.35 made available for inspection by the commissioner. A processor

3.36 of a product to be labeled pursuant to subdivision 1 must supply

4.1 a certificate to each producer or processor stating that the

4.2 producer or processor has provided affidavits pursuant to

4.3 paragraph (a).

4.4 Subd. 3. [SEPARATION OF GMO-FREE CROPS, LIVESTOCK, AND

4.5 PARTIALLY PROCESSED COMPONENTS.] To qualify for labeling under

4.6 subdivision 1, all GMO-free crops, livestock, or partially

4.7 processed components must be kept fully separate from other

4.8 crops, livestock, or partially processed components through all

4.9 stages of harvest, storage, transportation, and processing until

4.10 the final products are in packaged form in a properly labeled

4.11 container. Records of the separation must be kept by the

4.12 processor at all stages and made available to the commissioner

4.13 for inspection.

4.14 Sec. 8. [18F.31] [LABELING OF GENETICALLY MODIFIED CROP

4.15 SEEDS; LIABILITY.]

4.16 (a) With respect to genetically modified crop seeds sold in

4.17 this state or for use in this state, the manufacturer of the

4.18 genetically modified crop seeds must provide written

4.19 instructions on how to plant the seeds and grow and harvest the

4.20 crop so as to avoid cross-pollination or other contamination

4.21 with growing crops of nongenetically modified plant organisms.

4.22 The manufacturer is responsible for ensuring that the

4.23 instructions are on the package in which the crop seeds are sold

4.24 to a grower.

4.25 (b) The manufacturer may submit written instructions

4.26 prepared for purposes of paragraph (a) to the commissioner of

4.27 agriculture for approval. The commissioner must, no later than

4.28 60 days after receiving the request for approval and any other

4.29 information deemed necessary by the commissioner, approve or

4.30 disapprove the written instructions, or approve them subject to

4.31 modifications. Instructions approved by the commissioner under

4.32 this paragraph are conclusively deemed to comply with paragraph

4.33 (a).

4.34 (c) A manufacturer that violates paragraph (a) is strictly

4.35 liable in tort to an agricultural grower who suffers damage due

4.36 to cross-pollination of the GMO seeds or crops with the grower's

5.1 non-GMO seeds or crops. Any liability in tort of the grower of

5.2 the genetically modified crops is secondary to the primary

5.3 strict liability of the manufacturer under this paragraph. This

5.4 paragraph does not limit any liability of the manufacturer under

5.5 any cause of action not based upon this paragraph. The

5.6 provisions of this paragraph are not subject to waiver, by

5.7 agreement or otherwise.

5.8 Sec. 9. [18F.35] [NOTICE TO ADJOINING LANDOWNERS;

5.9 COMPLAINTS TO MANUFACTURERS.]

5.10 (a) An agricultural grower purchasing genetically modified

5.11 seeds in this state or for use in this state must, at least ten

5.12 calendar days prior to taking delivery of the seeds, provide to

5.13 the seller a list of the names and addresses of all other

5.14 agricultural growers using land located within 1,320 feet of the

5.15 land upon which the genetically modified crop seeds will be

5.16 planted. The list must also contain the name, address, and

5.17 telephone number of the purchaser of the seeds.

5.18 (b) The seller must, within 24 hours of receipt of the

5.19 list, mail or otherwise transmit the list to the manufacturer of

5.20 the genetically modified seeds.

5.21 (c) The manufacturer of the genetically modified seeds

5.22 must, within 48 hours of receipt of the list from the seller,

5.23 mail to each person included on the list a written notice that

5.24 complies with paragraph (d).

5.25 (d) The written notice required under paragraph (c) must

5.26 inform the recipient of the name, address, and telephone number

5.27 of the prospective purchaser of genetically modified seed and

5.28 inform the recipient that the prospective purchaser intends to

5.29 plant the seeds within 1,320 feet of land used by the recipient.

5.30 The notice must include or enclose a copy of the directions for

5.31 avoiding cross-pollination or other contamination required under

5.32 section 18F.32. The notice must include a toll-free telephone

5.33 number and state that the recipient may call that number to

5.34 contact the manufacturer to ask questions or to register

5.35 complaints about the purchaser's use of the seeds.

5.36 (e) The manufacturer of the genetically modified seeds may,

6.1 no sooner than 48 hours after mailing the notices required under

6.2 paragraph (c), transmit to the seller authorization to release

6.3 or deliver the seeds to the purchaser. The seller must not

6.4 permit the purchaser to take delivery of the seeds prior to

6.5 receipt of the authorization from the manufacturer.

6.6 (f) The manufacturer of genetically modified seeds must

6.7 maintain a log of telephone calls and other communications

6.8 received from persons to whom the manufacturer sent the notice

6.9 required under paragraph (c). This does not apply to calls and

6.10 communications not related to the subject of the notice.

6.11 (g) The manufacturer must provide to the commissioner a

6.12 summary of such calls and communications on at least a quarterly

6.13 basis. The commissioner may prescribe a form for this purpose.

6.14 (h) The manufacturer must investigate and attempt to

6.15 resolve all complaints received under paragraph (f).

6.16 (i) Any technology use agreement entered into between a

6.17 manufacturer and a purchaser of genetically modified seeds must

6.18 require that the purchaser comply with the instructions for

6.19 avoiding cross-pollination and other contamination.

6.20 (j) A manufacturer of genetically modified seeds must not

6.21 sell those seeds for use in this state except through sellers

6.22 that have entered into an agreement with the manufacturer to

6.23 comply with the obligations of sellers under this section.