‘An Act To Strengthen Maine's Genetically Modified Products Labeling Law’
Amend the bill by striking out the title and substituting the following:
Amend the bill by striking out all of sections 1 to 9 (page 1, lines 2 to 37 and page 2, lines 1 to 26 in L.D.) and inserting the following:
‘Sec. 1. 22 MRSA §2593, as enacted by PL 2013, c. 436, §1 and affected by §2, is amended to read:
§ 2593. Disclosure requirements for genetically engineered food and seed stock
1. Disclosure. Beginning 18 months after the effective date of this section, any food or seed stock offered for retail sale that is genetically engineered must be accompanied by a conspicuous disclosure that states "Produced with Genetic Engineering." The statement must be located on the package for all packaged food or seed stock or, in the case of unpackaged food or seed stock, on a card or label on the store shelf or bin in which the food or seed stock is displayed.
2. Use of term "natural." A food that is subject to disclosure under subsection 1 may not be described on the label or by similar identification as "natural."
3. Misbranding. Any food or seed stock that is genetically engineered that does not display the disclosure required under subsection 1 or that is labeled or identified as natural in violation of subsection 2 is considered misbranded for the purposes of chapter 551, subchapter 1 except that:
A. A food or seed stock is not considered misbranded if the food or seed stock is produced by a person who:
(1) Grows, raises or otherwise produces that food or seed stock without knowledge that the food or seed stock was created from other seed or other food that was genetically engineered; and
(2) Obtains a sworn statement from the person from whom the food or seed stock was obtained that the food or seed stock was not knowingly genetically engineered and was segregated from and not knowingly commingled with a food or seed stock component that may have been genetically engineered;
B. A food product derived from an animal is not considered misbranded if the animal was not genetically engineered but was fed genetically engineered feed; and
C. A packaged processed food is not considered misbranded if the total weight of the processed food that was genetically engineered is less than 0.9% of the total weight of the processed food.
4. Rules. The commissioner may adopt routine technical rules under Title 5, chapter 375, subchapter 2-A for the administration and enforcement of this chapter.
Sec. 2. 22 MRSA §2594, sub-§1, as enacted by PL 2013, c. 436, §1 and affected by §2, is amended to read:
1. Reliance on affidavit. A distributor or retailer that sells or advertises food or seed stock that is genetically engineered that fails to make the disclosure required under section 2593, subsection 1 is not subject to liability in any civil action to enforce this chapter if the distributor or retailer relied on the affidavit under section 2596 provided by the producer or grower stating that the food or seed stock is not subject to the disclosure requirements under this chapter.
Sec. 3. 22 MRSA §2596, as enacted by PL 2013, c. 436, §1 and affected by §2, is amended to read:
§ 2596. Affidavit
The commissioner shall develop an affidavit form that may be provided by a producer or grower of food or seed stock to distributors and retailers and that may be included in shipments of food or seed stock within the State certifying that the food or seed stock being sold or shipped is not subject to the disclosure requirements of this chapter.’
Amend the bill by inserting after section 10 the following:
‘Sec. 11. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Division of Quality Assurance and Regulation 0393
Initiative: Provides funding for one-time rule-making costs.
| GENERAL FUND | 2015-16 | 2016-17 |
|
All Other
|
$0 | $2,500 |
 |
|
|
| GENERAL FUND TOTAL | $0 | $2,500 |
Division of Quality Assurance and Regulation 0393
Initiative: Provides funding for 2 Consumer Protection Inspector positions, one Office Associate II position and other related costs.
| GENERAL FUND | 2015-16 | 2016-17 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 3.000 |
|
Personal Services
|
$0 | $157,210 |
|
All Other
|
$0 | $18,250 |
|
|
|
| GENERAL FUND TOTAL | $0 | $175,460 |
Office of the Commissioner 0401
Initiative: Provides funding for costs related to 2 new Consumer Protection Inspector positions and one Office Associate II position.
| GENERAL FUND | 2015-16 | 2016-17 |
|
All Other
|
$0 | $4,062 |
|
|
|
| GENERAL FUND TOTAL | $0 | $4,062 |
| OTHER SPECIAL REVENUE FUNDS | 2015-16 | 2016-17 |
|
All Other
|
$0 | $748 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $748 |
| AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2015-16 | 2016-17 |
|
GENERAL FUND
|
$0 | $182,022 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $748 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $182,770 |
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, removes most of the provisions of the bill. The amendment requires disclosure of genetic engineering at the point of retail sale for seed stock and provides that seed stock for which the disclosure is not made is considered to be misbranded and subject to the sanctions for misbranding. The amendment retains the provision of the bill that repeals the section of Public Law 2013, chapter 436 that provides that Maine's genetically modified food products labeling law does not take effect until 4 other contiguous states enact similar laws.
The amendment repeals the provision that food may not be labeled as natural if it has been genetically engineered.
The amendment also adds an appropriations and allocations section to the bill.
FISCAL NOTE REQUIRED
(See attached)