Florida Senate - 2014 SB 558 By Senator Ring 29-00306-14 2014558__ 1 2 A bill to be entitled 3 An act relating to genetically engineered food; 4 creating s. 500.90, F.S.; providing definitions; 5 providing a list of raw agricultural commodities found 6 by the Legislature to be cultivated commercially in 7 genetically engineered form; requiring the Department 8 of Agriculture and Consumer Services to annually 9 compile and publish a list of raw agricultural 10 commodities that are cultivated commercially in 11 genetically engineered form by a specified date; 12 requiring that the list be based upon the most current 13 available information and specific legislative 14 findings; requiring manufacturer, processor, packer, 15 distributor, and retail food store labeling practices 16 for genetically engineered foods by a specified date; 17 exempting specified foods, commodities, ingredients, 18 and other substances from the labeling requirements; 19 providing penalties and civil remedies; authorizing 20 the department to adopt rules; providing an effective 21 date. 22 23 WHEREAS, the genetic engineering of plants and animals is 24 becoming a common practice in the food industry, and 25 WHEREAS, manipulating genes and inserting them into 26 organisms is an imprecise process that produces results that are 27 not always predictable or controllable and that could lead to 28 adverse health or environmental consequences, and 29 WHEREAS, the cultivation of genetically engineered crops 30 can necessitate the use of increasingly toxic herbicides that 31 can damage agricultural areas, impair drinking water, and pose a 32 health risk to consumers and farmworkers, and 33 WHEREAS, public confidence in organic food products may 34 wane as organic farmers’ crops are regularly threatened with 35 accidental contamination by genetically engineered seed and by 36 neighboring lands where genetically engineered crops abound, 37 significantly undermining this industry, and 38 WHEREAS, labeling of genetically engineered foods can 39 provide a critical method for tracking the potentially dangerous 40 health effects of consuming genetically engineered foods, and 41 WHEREAS, currently, there is no federal requirement 42 mandating disclosure of genetic engineering on food labels, and 43 WHEREAS, the vast majority of the public desires notice 44 before consuming genetically engineered food, and 45 WHEREAS, countries around the world, including the European 46 Union member states, Japan, and other key United States trading 47 partners, have laws mandating the disclosure of genetic 48 engineering on food labels, and 49 WHEREAS, no international agreement prohibits the labeling 50 of genetically engineered foods, and 51 WHEREAS, without the labeling of genetically engineered 52 food, consumers may unknowingly violate personal dietary and 53 religious principles, and 54 WHEREAS, the Legislature finds that consumers should have 55 the right to know whether food contains genetically engineered 56 material and that consumers should have the choice to avoid 57 purchasing genetically engineered food that could cause adverse 58 health and environmental effects, NOW, THEREFORE, 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Section 500.90, Florida Statutes, is created to 63 read: 64 500.90 Genetically engineered food.— 65 (1) As used in this section, the term: 66 (a) “Cultivated commercially” means commonly grown or 67 raised by a person in the course of a business or trade. 68 (b) “Enzyme” means a protein that catalyzes chemical 69 reactions of other substances without itself being destroyed or 70 altered upon completion of the reactions. 71 (c) “Genetically engineered” means food that consists of, 72 is composed of, contains, or is produced from an organism or 73 organisms in which the genetic material has been changed through 74 the application of: 75 1. Fusion of cells, including protoplast fusion, or 76 hybridization techniques that overcome natural physiological, 77 reproductive, or recombination barriers, where the donor cells 78 or protoplasts do not fall within the same taxonomic family, in 79 a way that does not occur by natural multiplication or natural 80 recombination; or 81 2. In vitro nucleic acid techniques, including recombinant 82 deoxyribonucleic acid techniques and the direct injection of 83 nucleic acid into cells or organelles. Such techniques include, 84 but are not limited to, recombinant deoxyribonucleic acid or 85 ribonucleic acid techniques that use vector systems and 86 techniques involving the direct introduction into the organism 87 of hereditary material prepared outside the organism such as 88 microinjection, macroinjection, chemoporation, electroporation, 89 microencapsulation, and liposome fusion. 90 (d) “Ingredient” means a substance that is used in the 91 manufacture, or contained in the final form, of a processed 92 food. 93 (e) “Processed food” means food other than a raw 94 agricultural commodity and includes food produced from a raw 95 agricultural commodity that has been subject to processing such 96 as canning, smoking, pressing, cooking, freezing, dehydration, 97 fermentation, or milling. 98 (f) “Processing aid” means: 99 1. A substance that is added to a food during the 100 processing of the food but is removed in the same manner from 101 the food before it is packaged in its finished form; 102 2. A substance that is added to a food during the 103 processing of the food, is converted into constituents normally 104 present in the food, and does not significantly increase the 105 amount of the constituents naturally present in the food; or 106 3. A substance that is added to a food for its technical or 107 functional effects during the processing of the food but is 108 present in the finished food at insignificant levels and does 109 not have a technical or functional effect in that finished food. 110 (2) The Legislature finds that the following raw 111 agricultural commodities are cultivated commercially in 112 genetically engineered form: 113 (a) Alfalfa. 114 (b) Canola. 115 (c) Corn. 116 (d) Cotton. 117 (e) Papaya. 118 (f) Soy. 119 (g) Sugar beets. 120 (h) Zucchini and yellow summer squash. 121 (3) By January 1, 2016, the department shall annually 122 compile and publish a list of raw agricultural commodities that 123 are cultivated commercially in genetically engineered form. The 124 list must be based on the most current available information and 125 include those raw agricultural commodities found by the 126 Legislature to be cultivated commercially in genetically 127 engineered form. 128 (4) By January 1, 2016, a manufacturer, processor, packer, 129 or distributor of a genetically engineered raw agricultural 130 commodity must include a clear and conspicuous statement with 131 the words “genetically engineered” on the front of the package 132 or label of the commodity. If a genetically engineered raw 133 agricultural commodity is not separately packaged or labeled, a 134 retail food store must include such a statement on a label on 135 the retail food store shelf or bin where the commodity is 136 displayed for sale. 137 (5)(a) By January 1, 2016, a manufacturer, processor, 138 packer, or distributor of a package containing processed food: 139 1. That is made with or derived from a genetically 140 engineered ingredient must include a clear and conspicuous 141 statement with the words “contains genetically engineered 142 ingredients,” followed by the name of the genetically engineered 143 ingredient or ingredients, on the front or back of the package. 144 2. That is made with or derived from an ingredient that may 145 be genetically engineered must include a clear and conspicuous 146 statement with the words “may contain genetically engineered 147 ingredients,” followed by the name of the possible genetically 148 engineered ingredient or ingredients, on the front or back of 149 the package. 150 (b) If an ingredients list appears on the package, the 151 statement must appear underneath the ingredients list. For a 152 processed food containing more than one ingredient that is or 153 may be genetically engineered, the genetically engineered 154 ingredients listed after the statement must be listed in the 155 same order in which they appear in the ingredients list. 156 (6) The labeling requirements of this section do not apply 157 to: 158 (a) A raw agricultural commodity that, on the date it is 159 offered for retail sale, is not on the most recent list 160 published by the department pursuant to subsection (3). 161 (b) A processed food that does not contain an ingredient 162 derived from a raw agricultural commodity that, on the date the 163 processed food is manufactured, is listed in the most recent 164 list published by the department pursuant to subsection (3). 165 (c) A food that consists entirely of, or is derived 166 entirely from, an animal that has not been itself genetically 167 engineered, regardless of whether the animal has been fed with 168 genetically engineered food or injected with a drug that has 169 been produced through means of genetic engineering. 170 (d) A raw agricultural commodity or ingredient that has 171 been grown, raised, or produced without the knowing and 172 intentional use of genetically engineered seed or food. To claim 173 an exemption under this paragraph from the labeling requirements 174 of this section, the manufacturer, processor, packer, 175 distributor, or retail food store responsible for complying with 176 this section must obtain, from the seller who sold the raw 177 agricultural commodity or ingredient to that person, a sworn 178 statement that the raw agricultural commodity or ingredient has 179 not been knowingly or intentionally genetically engineered and 180 has been segregated from and has not been knowingly or 181 intentionally commingled with, at any time, foods that may have 182 been genetically engineered. In providing such a sworn 183 statement, the seller may rely on a sworn statement from the 184 seller’s supplier which contains such an affirmation. 185 (e) A processed food solely because it includes one or more 186 genetically engineered processing aids or enzymes. 187 (f) An alcoholic beverage that is subject to regulation 188 under chapters 561-568. 189 (g) A processed food solely because it includes one or more 190 genetically engineered ingredients, if: 191 1. A single genetically engineered ingredient does not 192 account for more than one-half of 1 percent of the total weight 193 of the processed food; and 194 2. The processed food does not contain more than 10 195 genetically engineered ingredients. 196 (h) A food that has been determined by an independent 197 organization not to have been knowingly and intentionally 198 produced from or commingled with genetically engineered seed or 199 genetically engineered food, if such determination is made 200 pursuant to a sampling and testing procedure approved for this 201 purpose in rules adopted by the department. Such rules may not 202 approve a sampling and testing procedure unless it is consistent 203 with sampling and testing principles recommended by 204 internationally recognized standards organizations. 205 (i) A food that has been lawfully certified to be labeled, 206 marketed, and offered for sale as organic pursuant to applicable 207 federal organic food production laws and regulations. 208 (j) A food that is not packaged for retail sale and that 209 is: 210 1. A processed food prepared and intended for immediate 211 human consumption; or 212 2. Served, sold, or otherwise provided in a restaurant or 213 other food service establishment that is primarily engaged in 214 the sale of food prepared and intended for immediate human 215 consumption. 216 (7) The department may impose a fine not exceeding $1,000 217 against any manufacturer, processor, packer, distributor, or 218 retail food store that violates the labeling requirements of 219 this section. A single violation consists of the aggregate 220 number of improperly labeled foods identified per inspection, 221 but not individual improperly labeled foods. However, each day 222 during which such violation occurs constitutes a separate 223 offense and is subject to a separate fine. 224 (8) An action to enjoin a violation of this section may be 225 brought in a court of competent jurisdiction by: 226 (a) The department; or 227 (b) A person in the public interest if: 228 1. The action is commenced more than 60 days after the 229 person has given notice of the alleged violation to the 230 department and to the alleged violator; and 231 2. The department has not commenced an action against the 232 alleged violator. 233 (9) The department may adopt rules to administer this 234 section. 235 Section 2. This act shall take effect July 1, 2014.