Bill Text - HB660 (2013)

Requiring the labeling of genetically engineered foods and agricultural commodities.


Revision: Jan. 31, 2013, midnight

HB 660-FN – AS INTRODUCED

2013 SESSION

13-0535

08/10

HOUSE BILL 660-FN

AN ACT requiring the labeling of genetically engineered foods and agricultural commodities.

SPONSORS: Rep. M. Mann, Rock 32; Rep. Massimilla, Graf 1; Rep. Perry, Straf 3; Rep. Suzanne Smith, Graf 8; Rep. Raymond, Belk 4

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill requires the labeling of genetically engineered foods and agricultural commodities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0535

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT requiring the labeling of genetically engineered foods and agricultural commodities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Genetically Engineered Foods. Amend RSA 146 by inserting after section 21 the following new subdivision:

Genetically Engineered Foods

146:22 Definitions. In this subdivision:

I. “Genetically engineered” means any food that is produced from an organism or organisms in which the genetic material changed through the application of:

(a) In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) techniques and the direct injection of nucleic acid into cells or organelles; or

(b) Fusion of cells, including protoplast fusion, or hybridization techniques that overcome natural physiological, reproductive, or recombination barriers, where the donor cells or protoplasts do not fall within the same taxonomic family, in a way that does not occur by natural multiplication or natural recombination.

II. “Organism” means any biological entity capable of replication, reproduction, or transferring of genetic material.

III. “In vitro nucleic acid techniques” means techniques, including, but not limited to, recombinant deoxyribonucleic acid or ribonucleic acid techniques, that use vector systems and techniques involving the direct introduction into the organisms of hereditary materials prepared outside the organisms such as microinjection, macroinjection, chemoporation, electroporation, microencapsulation and liposome fusion.

IV. “Processed food” means any food other than a raw agricultural commodity and includes any food produced from a raw agricultural commodity that was processed through canning, smoking, pressing, cooking, freezing, dehydration, fermentation, or milling.

146:23 Genetically Engineered Foods; Label Required.

I. On and after July 1, 2014, any human or animal food offered for retail sale in this state shall be deemed misbranded if such food is, or may have been, entirely or partially produced with genetic engineering and such fact is not disclosed.

II. In the case of a raw agricultural commodity, the package offered for retail sale shall include the clear and conspicuous words “Genetically Engineered” on the front of the package of such commodity, or in the case of any such commodity that is not separately packaged or labeled, on a label that appears on the retail store shelf or bin in which such commodity is displayed for sale.

III. In the case of any processed food, the package offered for retail sale shall include the clear and conspicuous words “Partially Produced with Genetic Engineering” or “May be Partially Produced with Genetic Engineering.”

2 Genetically Engineered Crops. Amend RSA 433:14 to read as follows:

433:14 Rulemaking.

I. The commissioner of agriculture, markets, and food is hereby authorized to adopt all necessary rules and to establish such fees as are necessary to carry out the provisions of this subdivision.

II. The commissioner of the department of agriculture, markets and foods shall adopt rules establishing best practices for farmers who grow or raise a genetically-engineered crop for trade or sale in the United States. Such rules shall require the farmers to implement the practices to eliminate or minimize the impact of genetically-engineered crops on neighboring lands and minimize herbicide use to eradicate herbicide-resistant weeds.

3 List of Genetically Engineered Agricultural Commodities. Not later than October 15, 2015, the attorney general, in consultation with the commissioners of the departments of agriculture, markets and food, health and human services, and environmental services, shall publish a list on the attorney general’s web site that indicates those raw agricultural commodities known to be genetically engineered. The attorney general shall update such list not less than once every calendar year.

4 Effective Date. This act shall take effect July 1, 2014.

LBAO

13-0535

01/29/13

HB 660-FN - FISCAL NOTE

AN ACT requiring the labeling of genetically engineered foods and agricultural commodities.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Justice. When completed, the fiscal note will be forwarded to the House Clerk's Office.