Florida Senate - 2013 SB 1728 By Senator Sachs 34-01304-13 20131728__ 1 A bill to be entitled 2 An act relating to genetically engineered foods; 3 creating s. 500.90, F.S.; providing definitions; 4 providing a list of commercial commodities commonly 5 cultivated in genetically engineered form and 6 requiring the Department of Agriculture and Consumer 7 Services to publish the list by a specified date and 8 to update the published list annually; providing 9 mandatory labeling requirements for genetically 10 engineered raw agricultural commodities and processed 11 foods made with or derived from genetically engineered 12 ingredients; exempting specified foods, commodities, 13 ingredients, and other substances from the labeling 14 requirements; authorizing the department to adopt 15 rules; providing for the enforcement of the labeling 16 requirements; providing civil remedies and penalties; 17 providing an effective date. 18 19 WHEREAS, the Legislature finds that consumers should have 20 the right to know whether the foods they purchase contain 21 genetically engineered material, and 22 WHEREAS, manipulating genes and inserting them into 23 organisms is an imprecise process that produces results that are 24 not always predictable or controllable, and could lead to 25 adverse health or environmental consequences, and 26 WHEREAS, mandatory labeling of genetically engineered foods 27 can provide a critical method for tracking the potentially 28 dangerous health effects of consuming genetically engineered 29 foods, and 30 WHEREAS, currently, there is no federal requirement 31 mandating disclosure of genetically engineered foods on food 32 labels, and 33 WHEREAS, the vast majority of the public wants labels on 34 genetically engineered foods, and 35 WHEREAS, countries around the world, including the European 36 Union member states, Japan, and other key United States trading 37 partners, have laws mandating disclosure of genetically 38 engineered foods on food labels, and 39 WHEREAS, no international agreements prohibit the mandatory 40 labeling of genetically engineered foods, and 41 WHEREAS, without mandatory labeling of genetically 42 engineered foods, consumers may unknowingly violate their own 43 dietary and religious principles, and 44 WHEREAS, the cultivation of genetically engineered crops 45 can negatively impact the environment, in some cases 46 necessitating the use of increasingly toxic herbicides that can 47 damage agricultural areas, impair drinking water, and pose 48 health risks to consumers and farmworkers, and 49 WHEREAS, consumers should have the choice to avoid 50 purchasing foods that could cause adverse health and 51 environmental effects, and 52 WHEREAS, public confidence in organic food products may 53 erode as organic farmers’ crops are regularly threatened with 54 accidental contamination by contaminated seed and neighboring 55 lands where genetically engineered crops abound, and consumers 56 should have the choice to avoid purchasing foods that could harm 57 the state’s organic farmers and food industry, NOW THEREFORE, 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Section 500.90, Florida Statutes, is created to 62 read: 63 500.90 Genetically engineered foods.— 64 (1) As used in this section, the term: 65 (a) “Cultivated commercially” means grown or raised by a 66 person in the course of a business or trade. 67 (b) “Enzyme” means a protein that catalyzes chemical 68 reactions of other substances without itself being destroyed or 69 altered upon completion of the reactions. 70 (c) “Food facility” means an operation that stores, 71 prepares, packages, serves, vends, or otherwise provides food 72 for human consumption at the retail level, including an 73 operation where food is consumed on or off the premises, 74 regardless of whether there is a charge for the food. 75 (d) “Genetically engineered” means any food that consists 76 of, is composed of, contains, or is produced from an organism or 77 organisms in which the genetic material has been changed through 78 the application of: 79 1. In vitro nucleic acid techniques, including recombinant 80 deoxyribonucleic acid techniques and the direct injection of 81 nucleic acid into cells or organelles. Such techniques include, 82 but are not limited to, recombinant deoxyribonucleic acid or 83 ribonucleic acid techniques that use vector systems and 84 techniques involving the direct introduction into the organisms 85 of hereditary material prepared outside the organisms such as 86 micro-injection, macro-injection, chemoporation, 87 electroporation, microencapsulation, and liposome fusion; or 88 2. Fusion of cells, including protoplast fusion, or 89 hybridization techniques that overcome natural physiological, 90 reproductive, or recombination barriers, where the donor cells 91 or protoplasts do not fall within the same taxonomic family, in 92 a way that does not occur by natural multiplication or natural 93 recombination. 94 (e) “Ingredient” means any substance that is used in the 95 manufacture, or contained in the final form, of a processed 96 food. 97 (f) “Processed food” means any food other than a raw 98 agricultural commodity and includes any food produced from a raw 99 agricultural commodity that has been subject to processing such 100 as canning, smoking, pressing, cooking, freezing, dehydration, 101 fermentation, or milling. 102 (g) “Processing aid” means: 103 1. A substance that is added to a food during the 104 processing of the food but is removed in the same manner from 105 the food before it is packaged in its finished form. 106 2. A substance that is added to a food during processing, 107 is converted into constituents normally present in the food, and 108 does not significantly increase the amount of the constituents 109 naturally found in the food. 110 3. A substance that is added to a food for its technical or 111 functional effects in the processing but is present in the 112 finished food at insignificant levels and does not have any 113 technical or functional effect in that finished food. 114 (2)(a) The Legislature finds that the following raw 115 agricultural commodities are commonly cultivated commercially in 116 genetically engineered form: 117 1. Alfalfa. 118 2. Canola. 119 3. Corn. 120 4. Cotton. 121 5. Papaya. 122 6. Soy. 123 7. Sugar beets. 124 8. Zucchini and yellow summer squash. 125 (b) By January 1, 2014, and annually thereafter, the 126 department shall publish an updated list of additional raw 127 agricultural commodities that are commonly cultivated 128 commercially in genetically engineered form. The list must be 129 based on the most current available information. 130 (3)(a) Beginning January 1, 2014, any genetically 131 engineered raw agricultural commodity that is offered for retail 132 sale must include a clear and conspicuous statement with the 133 words “genetically engineered” on the front package or label of 134 any such commodity. For such a commodity that is not separately 135 packaged or labeled, the statement must appear on a label on the 136 retail store shelf or bin where the commodity is displayed for 137 sale. 138 (b) Beginning January 1, 2014, any package offered for 139 retail sale containing processed food that is made with or 140 derived from any genetically engineered ingredient must include 141 a clear and conspicuous statement on the front or back of the 142 package with the words “contains genetically engineered 143 ingredients,” followed by the name of the genetically engineered 144 ingredient or ingredients. If an ingredients list appears on the 145 package, the statement must appear underneath the ingredients 146 list. For a processed food containing more than one genetically 147 engineered ingredient, the genetically engineered ingredients 148 listed after the statement must be listed in the same order in 149 which they appear in the full ingredients list. 150 (c) In lieu of compliance with paragraph (b), any package 151 containing processed food that is made with or derived from any 152 ingredient that may be genetically engineered must include a 153 clear and conspicuous statement on the front or back of the 154 package with the words “may contain genetically engineered 155 ingredients,” followed by the name of the genetically engineered 156 ingredient or ingredients. If an ingredients list appears on the 157 package, the statement must appear underneath the ingredients 158 list. For a processed food containing more than one ingredient 159 that may be genetically engineered, the genetically engineered 160 ingredients listed after the statement must be listed in the 161 same order in which they appear in the full ingredients list. 162 (d) This subsection does not apply to: 163 1. A raw agricultural commodity that, on the date it is 164 offered for retail sale, is not listed in paragraph (2)(a) or in 165 the most recent list published pursuant to paragraph (2)(b). 166 2. A processed food that does not contain an ingredient 167 derived from a raw agricultural commodity that, on the date the 168 processed food is manufactured, is listed in either paragraph 169 (2)(a) or in the most recent list published pursuant to 170 paragraph (2)(b). 171 3. Food consisting entirely of, or derived entirely from, 172 an animal that has not itself been genetically engineered, 173 regardless of whether the animal has been fed or injected with 174 any genetically engineered food or any drug that has been 175 produced through means of genetic engineering. 176 4. A raw agricultural commodity or ingredient that has been 177 grown, raised, or produced without the knowing and intentional 178 use of genetically engineered seed or food. The person 179 responsible for complying with this section must obtain, from 180 whoever sold the commodity or ingredient to that person, a sworn 181 statement that the commodity or ingredient has not been 182 knowingly or intentionally genetically engineered and has been 183 segregated from and has not been knowingly or intentionally 184 commingled with, goods that may have been genetically engineered 185 at any time. In providing such a sworn statement, a person may 186 rely on a sworn statement from his or her own supplier that 187 contains such an affirmation. 188 5. A processed food that would be subject to this section 189 solely because it includes one or more genetically engineered 190 processing aids or enzymes. 191 6. An alcoholic beverage that is subject to regulation 192 under chapters 561-568. 193 7. Until January 1, 2015, a processed food that would be 194 subject to this section solely because it includes one or more 195 genetically engineered ingredients, if: 196 a. No single genetically engineered ingredient accounts for 197 more than one-half of 1 percent of the total weight of the 198 processed food. 199 b. The processed food does not contain more than 10 200 genetically engineered ingredients. 201 8. As determined by an independent organization, any food 202 not knowingly and intentionally produced from or commingled with 203 genetically engineered seed or genetically engineered food, if 204 such a determination has been made pursuant to a sampling and 205 testing procedure approved for this purpose in rules adopted by 206 the department. Such rules may not approve a sampling and 207 testing procedure unless it is consistent with sampling and 208 testing principles recommended by internationally recognized 209 standards organizations. 210 9. Food that has been lawfully certified to be labeled, 211 marketed, and offered for sale as organic pursuant to applicable 212 federal organic food production laws and regulations. 213 10. Food that is not packaged for retail sale and that is: 214 a. A processed food prepared and intended for immediate 215 human consumption; or 216 b. Served, sold, or otherwise provided in a restaurant or 217 other food facility that is primarily engaged in the sale of 218 food prepared and intended for immediate human consumption. 219 (4)(a) The department may adopt rules to administer this 220 section. 221 (b) The department may bring an action in a court of 222 competent jurisdiction to enjoin a person violating this 223 section. 224 (c) The department may assess a civil penalty against a 225 person violating this section in an amount not to exceed $1,000 226 per day. Each day of violation is considered a separate 227 violation. 228 (d) An action to enjoin a violation of this section may be 229 brought in any court of competent jurisdiction by any person in 230 the public interest if the department has commenced an action 231 against the alleged violation and the action is commenced more 232 than 60 days after the person has given notice of the alleged 233 violation to the department and the alleged violator. 234 Section 2. This act shall take effect July 1, 2013.