HOUSE DOCKET, NO. 1248        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1936

The Commonwealth of Massachusetts

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PRESENTED BY:

Stephen L. DiNatale

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to genetically engineered food.

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PETITION OF:

HOUSE DOCKET, NO. 1248        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1936

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to genetically engineered food.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 94 of the General Laws is hereby amended by inserting after section 187H, the following section:-

Section 187I.  (a) The following words as used in this section, unless the context otherwise requires, shall have the following meanings:

“Cultivated commercially”, to be grown or raised by a person in the course of business or trade to be sold within the United States.

“Enzyme”, a protein that catalyzes chemical reactions of other substances without itself being destroyed or altered upon completion of the reactions.

“Genetically engineered”, any food that is produced from an organism or organisms in which the genetic material has been changed through the use of modern bioengineering techniques.

“Processed food”, any food other than a raw agricultural commodity, including any food produced from a raw agricultural commodity that has been subject to processing such as canning, smoking, pressing, cooking, freezing, dehydration, fermentation or milling.

“Processing aid”, a substance that is added to a food during the processing of such food (i) but is removed from the food before the food is packaged in its finished form; (ii) is converted into constituents normally present in the food; or (iii) is present in the finished food at such insignificant levels as to have no technical or function effect on the finished food.

(b)  Any food offered for retail sale in the commonwealth is misbranded if it is or may have been entirely or partially produced with genetic engineering and that fact is not disclosed in the following manner

(1)  In the case of any raw agricultural commodity, with the words “genetically engineered” placed clearly and conspicuously on the front of the package offered for retail sale or in the case of any raw agricultural commodity that is not separately packaged or labeled for retail sale, on a label appearing on the retail store shelf or bin in which such commodity is displayed for sale;

(2)  In the case of any processed food, with the words “partially produced with genetic engineering” or “may be partially produced with genetic engineering” placed clearly and conspicuously on the front or back of the package offered for retail sale.

(c)  Any food offered for retail sale in the commonwealth is misbranded if it is or may have been entirely or partially produced with genetic engineering and its label, accompanying signage in a retail establishing, or any advertising or promotional materials state that the food is “natural”, “naturally made”, “all natural” or any similar words that would have a tend to mislead the consumer.

(d)  This section shall not apply to any of the following:

(1)  food consisting entirely of, or derived entirely from, an animal that has not itself been genetically engineered, regardless of whether such animal has been fed or injected with any genetically engineered food or any drug that has been produced through the use of genetic engineering techniques;

(2)  any processed food that would be subject to this section solely because it contains one or more genetically engineered processing aids or enzymes;

(3)  any alcoholic beverage;

(4)  food that has been lawfully certified to be labeled, marketed and offered for sale as “organic”; and

(5)  food that is not packaged for retail sale and is prepared for immediate human consumption or is otherwise served, sold or provided in any restaurant.

(e)  The commission may adopt regulations necessary for the enforcement and interpretation of this section.