Illinois General Assembly - Full Text of SB0734
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Full Text of SB0734  99th General Assembly

SB0734 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0734

 

Introduced 2/3/2015, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Genetically Engineered Food Labeling Act. Provides that beginning on the effective date of the Act, any food offered for retail sale in this State is misbranded if it is entirely or partially produced with genetic engineering and that fact is not disclosed in a certain manner. Provides that the Act shall not be construed to require either the listing or identification of any ingredient or ingredients that were genetically engineered, nor that the term "genetically engineered" be placed immediately preceding any common name or primary product descriptor of a food. Provides that until the effective date of the Act, any processed food that would be subject to the provision concerning the labeling of genetically engineered foods solely because it includes one or more materials produced by genetic engineering is not misbranded provided that the engineered materials in the aggregate do not account for more than a certain amount of the total weight of the processed food. Sets forth provisions concerning applicability and the right of action for violations, damages, and attorneys' fees. Provides that the Department of Public Health shall adopt rules necessary to implement the Act. Defines terms. Contains a severability provision. Effective January 1, 2017.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Genetically Engineered Food Labeling Act.
 
6    Section 15. In this Act, terms have the meanings given to
7them in the Illinois Food, Drug and Cosmetic Act, except as
8provided in this Section.
9    "Agriculture" means the science, art, or practice of
10cultivating soil, producing crops, and raising livestock or
11fish and, in varying degrees, the preparation and marketing of
12the resulting products.
13    "Cultivated commercially" means agricultural commodities
14grown or raised in the course of business or trade and sold
15within the United States.
16    "Department" means the Department of Public Health.
17    "Enzyme" means a protein that catalyzes chemical reactions
18of other substances without itself being destroyed or altered
19upon completion of the reactions.
20    "Food" means any articles used to feed or nourish man,
21chewing gum, and articles used for components, including food
22additives, of any such article.
23    "Genetically engineered" means a process that results in a

 

 

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1substance that is produced from an organism or organisms in
2which the genetic material has been changed through the
3application of the following:
4        (1) in vitro nucleic acid techniques, which include,
5    but are not limited to, recombinant deoxyribonucleic acid
6    (DNA), direct injection of nucleic acid into cells or
7    organelles, encapsulation, gene deletion, and doubling
8    (for the purposes of this definition, "in vitro nucleic
9    acid techniques" include, but are not limited to,
10    recombinant DNA or RNA techniques that use vector systems
11    and techniques involving the direct introduction into the
12    organisms of hereditary materials prepared outside the
13    organisms, such as biolistics, microinjection,
14    macro-injection, chemoporation, electroporation,
15    microencapsulation, and liposome fusion); or
16        (2) methods of fusing cells beyond the taxonomic family
17    that overcome natural physiological reproductive or
18    recombinant barriers, and that are not techniques used in
19    traditional breeding and selection, such as conjugation,
20    transduction, and hybridization.
21    "Label" means a display of written, printed, or graphic
22matter upon or connected to the immediate container or surface
23of any article. In order to meet the definition of "label", any
24word, statement, or other information appearing on the label
25shall appear on the outside container or wrapper, if any, of
26the bulk, wholesale, or retail package of the article or be

 

 

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1easily legible through the outside container or wrapper.
2    "Labeling" means any written, printed, or graphic matter
3that is present on the label, accompanies the food, or is
4displayed near the food, including that for the purpose of
5promoting its sale or disposal.
6    "Manufacturer" means the person or business that makes,
7processes, combines, or packages food ingredients into a
8finished food product.
9    "Medical food" means a food that is formulated to be
10consumed or administered enterally under the supervision of a
11physician and which is intended for the specific dietary
12management of a disease or condition for which distinctive
13nutritional requirements, based on recognized scientific
14principles, are established by medical evaluation.
15    "Organism" means any biological entity capable of
16replication, reproduction, or transferring genetic material.
17    "Packaged food" means any food offered for retail sale in
18this State, other than raw food and food served, sold, or
19provided ready to eat in any bake sale, restaurant, or
20cafeteria, and that is otherwise subject to the provisions of
21the Illinois Food, Drug and Cosmetic Act prohibiting
22misbranding.
23    "Processed food" means any food other than a raw
24agricultural commodity, including any food produced from a raw
25agricultural commodity that has been subject to processing such
26as canning, smoking, pressing, cooking, freezing, dehydration,

 

 

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1fermentation, or milling.
2    "Processing aid" means the following:
3        (a) a substance that is added to a food during the
4    processing of the food but is removed in some manner from
5    the food before it is packaged in its final form;
6        (b) a substance that is added to a food during
7    processing, is converted into constituents normally
8    present in the food, and does not significantly increase
9    the amount of the constituents found in the food; or
10        (c) a substance that is added to a food for its
11    technical or functional effects in the processing but is
12    present in the finished food at insignificant levels and
13    does not have any technical or functional effect in that
14    finished food.
15    "Raw agricultural commodity" means any plant, animal, or
16fungi grown or produced for human food purposes, including all
17fruits that are washed, colored, or otherwise treated in their
18unpeeled natural form before marketing.
 
19    Section 20. Labeling of genetically engineered foods.
20    (a) Beginning on the effective date of this Act, any food
21offered for retail sale in this State is misbranded if it is
22entirely or partially produced with genetic engineering and
23that fact is not disclosed as follows:
24        (1) In the case of a raw agricultural commodity, on the
25    package offered for retail sale, with the words

 

 

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1    "Genetically Engineered" appearing clearly and
2    conspicuously on the label on the front of the package of
3    the commodity or, in the case of any such commodity that is
4    not separately packaged or labeled, on a clear and
5    conspicuous label appearing on the retail store shelf or
6    bin in which the commodity is displayed for sale.
7        (2) In the case of processed food containing some
8    products of genetic engineering, the manufacturer must
9    label the product, in clear and conspicuous language on the
10    front or back of the package of such food, with the words
11    "Produced with Genetic Engineering" or "Partially Produced
12    with Genetic Engineering".
13    (b) This Act shall not be construed to require either the
14listing or identification of any ingredient or ingredients that
15were genetically engineered, nor that the term "genetically
16engineered" be placed immediately preceding any common name or
17primary product descriptor of a food.
18    (c) Until the effective date of this Act, any processed
19food that would be subject to this Section solely because it
20includes one or more materials produced by genetic engineering
21is not misbranded provided that the engineered materials in the
22aggregate do not account for more than nine-tenths of one
23percent of the total weight of the processed food.
24    (d) Subsection (a) of this Section does not apply to any of
25the following:
26        (1) food consisting entirely of, or derived entirely

 

 

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1    from, an animal that has not itself been genetically
2    engineered, regardless of whether the animal has been fed
3    or injected with any food produced with genetic engineering
4    or any drug or vaccine that has been produced through means
5    of genetic engineering;
6        (2) a raw agricultural commodity or food that has been
7    grown, raised, produced, or derived without the knowing and
8    intentional use of genetically engineered seed or food; to
9    be included within the exclusion under this subsection (d),
10    the person responsible for complying with this Section with
11    respect to a raw agricultural commodity or food must
12    obtain, from whoever sold the raw agricultural commodity or
13    food to that person, a sworn statement that the raw
14    agricultural commodity or food (A) has not been knowingly
15    or intentionally genetically engineered and (B) has been
16    segregated from, and has not been knowingly or
17    intentionally commingled with, foods that may have been
18    genetically engineered at any time; in providing the sworn
19    statement, a person may rely on a sworn statement from his
20    or her own supplier that contains such an affirmation;
21        (3) any processed food that would be subject to this
22    Section solely because one or more processing aids or
23    enzymes were produced or derived with genetic engineering;
24        (4) any alcoholic beverage that is subject to
25    regulation under the Liquor Control Act of 1934;
26        (5) food that has been lawfully certified to be

 

 

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1    labeled, marketed, and offered for sale as organic pursuant
2    to the federal Organic Foods Production Act of 1990, 7
3    U.S.C. 6501, et seq., and the National Organic Program
4    regulations promulgated pursuant thereto by the United
5    States Department of Agriculture;
6        (6) food that is not packaged for retail sale and that
7    either (A) is a processed food prepared and intended for
8    immediate human consumption or (B) is served, sold, or
9    otherwise provided in any restaurant or other food service
10    establishment that is primarily engaged in the sale of food
11    prepared and intended for immediate human consumption; or
12        (7) medical food.
13    (e) With regard to the requirements of this Act concerning
14raw food, the retailer is responsible only for point of
15purchase shelf labeling. The supplier must label each container
16used for packaging, holding, or transporting, or any
17combination thereof, any raw food produced with genetic
18engineering that is delivered directly to Illinois retailers.
 
19    Section 25. Right of action for violations, damages, and
20attorneys' fees.
21    (a) The Department, acting through the Attorney General,
22may bring an action in a court of competent jurisdiction to
23enjoin any person violating this Act.
24    (b) The Department may assess a civil penalty against any
25person violating this Act.

 

 

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1    (c) Any injured citizen of this State may, after giving
2notice of the alleged violation to the Attorney General and the
3alleged violator and waiting 60 days, bring an action to enjoin
4a violation of this Act by a manufacturer or retailer in any
5court of competent jurisdiction. The court may award to a
6citizen who is a prevailing plaintiff reasonable attorneys'
7fees and costs incurred in investigating and prosecuting the
8action, but the court may not award any monetary damages.
9    (d) For the purposes of this Act, food shall be considered
10not to have been produced with the knowing or intentional use
11of genetic engineering if:
12        (1) the food is lawfully certified to be labeled,
13    marketed, and offered for sale as organic pursuant to the
14    federal Organic Foods Production Act of 1990, 7 U.S.C. 6501
15    et seq., which prohibits genetic engineering; or
16        (2) in the case of a manufacturer or retailer obligated
17    to label any food under this Act, if such entity has
18    obtained from whomever sold the food to them a sworn
19    statement that the food has not been knowingly or
20    intentionally genetically engineered and has been
21    segregated from, and not knowingly or intentionally
22    commingled with, foods that may have been genetically
23    engineered at any time.
24    (e) With regard to the sworn statement described in item
25(2) of subsection (d) of this Section, a manufacturer or
26retailer may rely on a sworn statement from a supplier that

 

 

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1contains the affirmation. Alternatively, a manufacturer or
2retailer may rely on an independent organization if it
3determines that the food has not been knowingly or
4intentionally genetically engineered and has been segregated
5from, and not knowingly or intentionally commingled with, foods
6that may have been genetically engineered at any time, if such
7a determination has been made pursuant to a sampling and
8testing procedure:
9        (1) consistent with sampling and testing principles
10    recommended by internationally recognized standards
11    organizations; and
12        (2) that does not rely on testing processed foods in
13    which no DNA is detectable.
14    (f) Unless the retailer is also the producer or the
15manufacturer of the food and sells the food under a brand it
16owns, no act or omission of any retailer shall be deemed a
17violation of this Act, except for knowingly and willfully
18failing to provide point of purchase labeling for unpackaged
19raw agricultural commodities. In any action in which it is
20alleged that a retailer has violated the provisions of this
21Section, it shall be a defense that such retailer reasonably
22relied on any disclosure as to whether a food was produced
23through genetic engineering contained in the bill of sale or
24invoice provided by the wholesaler or distributor, or a lack of
25such disclosure.
26    (g) No action may be brought against any farmer for any

 

 

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1violation of any provision of this Act unless the farmer is
2also a retailer or manufacturer, but any farmer submitting a
3false sworn statement under item (2) of subsection (d) of this
4Section shall be subject to the laws of this State pertaining
5to perjury.
6    (h) The Department of Public Health shall adopt and enforce
7rules necessary to implement this Act. The Department of Public
8Health is not authorized to exempt from the requirements of
9this Section any food product that is made subject to those
10requirements by the provisions of this Act. The Department of
11Public Health may by rule provide that a person may be subject
12to an injunction and responsible for the payment of the
13prevailing party's attorneys' fees under this Act for failure
14to label packaged food in accordance with this Act at such time
15as the Department of Public Health determines the commercial
16availability of relevant materials not produced with genetic
17engineering.
 
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
 
20    Section 999. Effective date. This Act takes effect January
211, 2017.