Amendment to HB660

8/20/2019 Amendment to HB660

http://slidepdf.com/reader/full/amendment-to-hb660 1/5

Rep. Moynihan,

Coos 2

October

28,

2013

2013-2329h

08/10

Amendment to

HB

660-FN

1

Amend

the

bill

by

replacing

all after

the

enacting

clause

with

the

following:

3

1 New

Subdivision;

Genetically

Engineered.

Foods.

Amend.

RSA 146

by

inserting after

section

21

4

the

following

new

subdivision:

Genetically

Engineered

Foods

6 146:22

Purpose. It is

the intent of the

general

court

that this

subdivision:

7

I. Assist

consumers

who are

concerned

about

the

potential

effects

of

genetic

engineering

on

8

their

health, beliefs,

and.

the

environment

to

make

informed

purchasing decisions.

9

II.

Reduce

and

prevent consumer

confusion and

inadvertent

deception

and.

promote

the

10

disclosure

of factual

information

on food.

labels.

11

III. Create

additional

market

opportunities

for New

Hampshire

producers

who are

not

12

certified

organic producers

and. whose

products

are

not

produced

using genetic

engineering.

13

IV. Ensure that

consumers

are

provid.ed with

data from

which

they

can

make

informed

14 decisions

for

personal,

health,

environmental,

religious,

cultural,

or ethical

reasons.

15

V.

Enable

consumers

to

avoid the

potential risks

associated.

with

genetically

engineered

16

foods

and

serve

as a risk

management

tool

enabling

consumers,

physicians,

and

scientists

to

id.entify

17

unintended

health effects

resulting from the

consumption

of

genetically

engineered

foods.

18

146:23

Definitions.

In this subdivision:

19

I.

Commissioner

means

the commissioner

of

the

department

of

health

and human

services.

20

II.

Enzym.e

means

a

protein that catalyzes chemical

reactions

of

other

substances

without

21 itself

being

destroyed.

or altered

upon

completion of the

reactions.

22

III.

Food.

means

food

as

defined

in RSA

146:2,

I.

23

IV.

Manufacturer

means

the

person

or

business

that

makes,

processes,

combines,

or

24

packages

food.

ingredients

into a finished

food

product.

25

V.

Medical

food.

means

food

prescribed

by

a

physician

for

treatment

of a

medical

condition.

VI.

Genetically

engineered

or

genetic

engineering

means

a

process

whereby

any

food

27

intend.ed

for human

consumption:

(a)

Is

produced from

an

organism or

organisms in

which

the

genetics

are

materially

29

altered

through

the

application of:

30

(1)

In

vitro

nucleic

acid

techniques,

which

include,

but

are

not

limited

to,

31

recombinant

deoxyribonucleic

acid.

(DNA),

the direct

injection of

nucleic

acid

into

cells

or

organelles,

32

encapsulation,

gene

deletion

and

doubling;

or



Amendment to HB

660-FN

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(2)

Methods of

fusing

cells

beyond

the

taxonomic

family

that

overcome

natural

physiological

reproductive

or recombinant

barriers, and

that are not

techniques used in

traditional

breeding and

selection

such as

conjugation,

transduction,

and.

hybridization.

(b)

Is treated with

a material

described.

in

subparagraph

(a),

except

manure

that is used

as

a

fertilizer for

a

raw agricultural

commodity;

or

(c)

Contains

a component or

substance

described

in

subparagraph

(a).

VII.

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.

VIII.

Processing

aid

means:

(a)

A substance that

is

added. to

a

food

during

processing

of the food.

but removed

from

the

food.

before

it is

packaged

in

its final

form;

(b)

A

substance

that

is

ad.ded

to

a

food.

during

processing,

is converted.

into constituents

normally

present

in

the

food,

and

that

does not

significantly

increase

the

amount

of the

constituents

found. in the

food;

or

(c)

A

substance that is

added to a food for

its

technical

or

functional

effects

in

processing

but is

present

in

the

finished

food

at

insignificant

levels and that

d.oes

not

have

any

technical

or

functional

effect in that

finished

food.

IX.

Raw

agricultural

commodity

means

any

plant,

fungi,

or fish in its

raw or

natural

state,

1

including all

fruits

that

are

washed,

colored., or

otherwise

treated

in

their

unpeeled

natural

form

prior

to

marketing, grown

or

produced

for

human

food

use

purposes.

X.

Retailer

means

an establishment

engaged

in the business of

selling

any

perishable

agricultural commodity

or

packaged

food.

via a

storefront.

XI.

Organism

means

any

biological

entity capable

of

replication,

reproduction,

or

transferring

of

genetic

material.

XII.

Supplier

means

a

person

or

business

that

supplies

raw

agricultural

products

to

retailers.

28

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31

33

34

36

37

146:24 Label Required.

I.

Any

food

offered

for retail sale

that

is

genetically

engineered shall be

accompanied

by

a

conspicuous

disclosure

that

states

Produced

with

Genetic

Engineering

or

Partially

Produced

with

Genetic Engineering.

(a)

In

the case of

a raw

agricultur'al

commodity,

the

manufacturer'hall

include,

clearly

and

conspicuously,

the

words

Genetically Engineered.

on

the label

on the front

of

the

package

of

such commodity

or,

in the

case

of

any

such

commodity that

is not

separately

packaged

or

labeled, the

retailer shall

include

a

clear

and.

conspicuous label on

the

retail

store

shelf or bin

in which

such

commodity

is

displayed.

for

sale;

(b)

In the

case

of processed food

containing

some

products of

genetic

engineering,

the



Amendment to HB

660-FN

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manufacturer shall label the

product,

in

clear

and conspicuous

language,

on the front

or

back of

the

package

of

such

food,

with the

words

Produced

with

Genetic

Engineering

or

Partially

Produced

with

Genetic

Engineering.

II.

Any

food that

is

genetically engineered that does not

display

the disclosure

required.

und.er

paragraph

I

is

misbranded

for

the

purposes

this

subdivision

except

that:

(a)

No food is misbranded.

if

the

food

is

produced.

by

a

person

who:

(1)

Grows, raises, or otherwise

produces

that food without

knowledge that

the

food

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

was

obtained

that the

food.

was not

knowingly genetically engineered

and

was

segregated

&om and.

not

knowingly

commingled with a

food

component

that

may

have

been

genetically

engineered.

(b)

No

processed food

is

misbranded

if it would

be

subject to this

subdivision

solely

because

one

or

more

processing

aids or

enzymes

were

produced

or

derived.

with

genetic

engineering.

(c)

No food.

product

derived from

an animal

is

misbranded if

the

animal

was

not

genetically

engineered. but

was

fed.

genetically

engineered feed.

(d)

No

packaged

processed.

food.

is 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..

III.

No food that

is

subject

to disclosure under

paragraph

I

may

be described

on the

label

or

by

similar

identification as

natural.

146:25

Complaints; Investigations.

I. The

commissioner

shall

investigate

any

complaint

regarding

noncompliance

with

this

subdivision.

Any

retailer

that is

the

subject

of

a

complaint,

shall

be afforded

reasonable

notice

of

the

complaint,

and. a

full

and fair

opportunity

to

address

or

respond.

to the

complaint;

and, at the

discretion

of the

commissioner, it

shall

be sufficient

grounds to close

the

investigation

of

a

complaint

if

the

retailer

complained against

properly

completes

and. files

an affidavit

as

provided

in

RSA

146:27.

II.

Any

retailer

that,

after

investigation, is found to be

in

noncompliance

with this

subdivision

shall be

subject to the

administrative

fines and

penalties

allowed

by

this

chapter;

and

may

be

referred

to

the

attorney

general

for further

action on

the

complaint.

III.

Any

retailer that

is

the

subject

of

a

complaint,

and

who

knowingly

fails

to

answer

the

complaint,

or

knowingly

fails

to

reasonably

cooperate

with the

investigation,

shall be

subject to

the

administrative fines

and

penalties

allowed

by

this

subdivision; and

may

be referred

to

the

attorney

general

for further action

on the

complaint,

IV.

All

complaints

and

any

investigations

thereof

shall

be

a

public

record

for

purposes

of

RSA

91-A.

146:26

Third-party

Protection.

I.

No

retailer that

sells

or

advertises

food that

is

genetically

engineered that

fails

to

make





Amendment to

HB

660-FN

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1

New

Jersey,

and Pennsylvania,

this

act

shall take

effect

18

months

after

the date of

such

2

certification. If

such

certification is not

mad.e

by

January

1,

2018,

this

act

shall

not take

effect.

3

3 New

Subparagraph;

Rulemaking.

Amend

RSA

146:11,

II

by

inserting

after

subparagraph

(g)

4 the following

new subparagraph:

(h)

Enforcement

procedures

and

administrative fines for

violations

concerning

the

6 labeling

of

genetically

engineered

foods.

7

4

Effective Date.

I.

Section 1 of this act

shall

take

effect

as

provided

in

section 2

of

this act.

II. The remainder of

this act

shall take

effect

upon

its

passage.

Documents

Amendment to HB660