Rep.

Moynihan, Coos 2
October 28, 2013

2013-2329h
08/10

Amendment

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to HB 660-FN

Amend the bill by replacing all after the enacting clause with the following:

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

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146:22 Purpose. It is the intent of the general court that this subdivision:

I.

Assist consumers who are concerned about the potential effects of genetic engineering

their health, beliefs, and. the environment

II.

to make informed purchasing

Reduce and prevent consumer

III. Create

market opportunities

additional

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decisions for personal, health, environmental,

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V. Enable consumers

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foods and serve as a risk management

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unintended

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producers

who are not

are provid.ed with data from which they can make informed
religious, cultural, or ethical reasons.

to avoid the potential

risks associated. with genetically

tool enabling consumers, physicians,

engineered

and scientists to id.entify

health effects resulting from the consumption of genetically engineered foods.

services.
without

itself being destroyed. or altered upon completion of the reactions.

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IV.

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for New Hampshire

I. "Commissioner" means the commissioner of the department of health and human

II. "Enzym.e" means a protein that catalyzes chemical reactions of other substances
III.

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deception and. promote the

146:23 Definitions. In this subdivision:

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and inadvertent

certified organic producers and. whose products are not produced using genetic engineering.

IV. Ensure that consumers

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decisions.

disclosure of factual information on food. labels.

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confusion

on

"Food." means "food" as defined in RSA 146:2, I.

"Manufacturer"

means the person or business

that makes, processes, combines, or

packages food. ingredients into a finished food product.

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
intend.ed for human consumption:

(a) Is produced from an organism

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altered through the application of:

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(1)

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recombinant

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encapsulation,

or organisms

In vitro nucleic acid techniques,

deoxyribonucleic

in which the genetics are materially

which

include,

but are not limited

to,

acid. (DNA), the direct injection of nucleic acid into cells or organelles,

gene deletion and doubling; or

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Amendment
Methods

(2)

physiological

reproductive

of fusing cells beyond the taxonomic family that overcome

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

as a fertilizer for a raw agricultural

natural

(a), except manure that is used

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

pressing, cooking, freezing, dehydration,

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commodity that was processed through canning, smoking,

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

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normally present in the food, and that does not significantly

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found. in the food; or

(c) A substance that is added to a food for its technical or functional effects in processing

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but is present in the finished food at insignificant

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functional effect in that finished food.

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increase the amount of the constituents

levels and that d.oes not have any technical or

IX. "Raw agricultural commodity" means any plant, fungi, or fish in its raw or natural state,
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including

prior to marketing,

grown or produced for human food use purposes.

X. "Retailer" means an establishment

agricultural

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XI.

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transferring

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engaged in the business

of selling any perishable

commodity or packaged food. via a storefront.

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treated in their unpeeled natural form

all fruits that are washed, colored., or otherwise

"Organism"

means

any biological

entity

capable

of replication,

reproduction,

or

of genetic material.

XII. "Supplier" means a person or business that supplies raw agricultural

products

to

retailers.

146:24 Label Required.

I.

Any food offered for retail sale that is genetically

engineered

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conspicuous disclosure that states "Produced with Genetic Engineering"

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Genetic Engineering."

(a) In the case of a raw agricultur'al

shall be accompanied

by a

or "Partially Produced with

commodity, the manufacturer'hall

include, clearly

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and conspicuously,

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such commodity or, in the case of any such commodity that is not separately packaged or labeled, the

the words "Genetically Engineered." on the label on the front of the package of

retailer shall include a clear and. conspicuous label on the retail store shelf or bin in which such
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commodity is displayed. for sale;

(b) In the case of processed food containing

some products of genetic engineering,

the

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Amendment

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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

und.er paragraph

engineered

that does not display the disclosure required.

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

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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)

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if it would be subject to this subdivision

No processed food is misbranded

solely

because one or more processing aids or enzymes were produced or derived. with genetic engineering.

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(c)

No food. product

derived

from an animal

if the animal was not

is misbranded

genetically engineered. but was fed. genetically engineered feed.

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(d) No packaged processed. food. is misbranded

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

by similar identification

I may be described on the label or

as "natural."

146:25 Complaints; Investigations.

I.
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if the total weight of the processed food

The commissioner

shall investigate

any complaint

Any retailer that is the subject of a complaint,

subdivision.

and. a full and fair opportunity

complaint,

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discretion of the commissioner,

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if the retailer

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RSA 146:27.

II.

complained

Any retailer

regarding

to address or respond. to the complaint;

against

properly

completes

that, after investigation,

and. files

is found

an affidavit

may be referred to the attorney general for further action on the complaint.

shall be subject to the administrative

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complaint,

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administrative

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general for further action on the complaint,

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fines and penalties

Any retailer that is the subject of a complaint,

in

with this

allowed by this chapter; and

and who knowingly fails to answer the

or knowingly fails to reasonably cooperate with the investigation,

fines and penalties allowed by this subdivision;

IV. All complaints and any investigations

as provided

to be in noncompliance

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and, at the

it shall be sufficient grounds to close the investigation of a complaint

subdivision

III.

with this

shall be afforded reasonable notice of the

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noncompliance

shall be subject to the

and may be referred to the attorney

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

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Amendment

the disclosure required. under RSA 146:24 is subject to liability in any civil action to enforce this

if the distributor or retailer relied on the affidavit provided by the producer

under RSA 146:27.
subdivision

II. The retailer

shall label, at the point of purchase,

has been produced. using genetic engineering.

holding and/or transporting

directly to New Hampshire

III.

any raw agricultural

or grower

commodity

that

Suppliers shall label the container used. for packaging,

raw genetically engineered

agricultural

commodities

that are delivered

retailers.

No retailer shall be penalized or otherwise held liable for the failure to label pursuant

to

this section unless:

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(a) Such retailer is the producer or the manufacturer

of the genetically engineered food

and sells the genetically engineered food under a brand it owns; or

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(b) Such retailer's failure to label was knowing and willful.

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VI. In any action in which it is alleged that a retailer has violated the provisions of this
subdivision, it shall be a defense that such retailer reasonably relied on'.

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(a) Any disclosure concerning genetically engineered foods contained in the bill of sale or

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invoice provided by the wholesaler or distributor; or

(b) The lack of any such disclosure.

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V. Food. service establishments

shall be exempt from the disclosure requirements

of this

subdivision.

VI. Alcoholic beverages and medical food are exempt from the disclosure requirement

of this

subdivision.

VII. Food donated to charitable food banks shall be exempt from the disclosure requirement
of this subdivision.

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146:27 Affidavit.
may be provided

by a producer

included in shipments

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The commissioner

shall develop and make available an affidavit form that

or grower of food to distributors

and. retailers

and that may be

of food. within the state certifying that the food being sold or shipped. is not

subject to the disclosure requirements

of this subdivision.

146:28 Private Right of Action Not Permitted.

Nothing in this subdivision

shall create a private

right of action for the enforcement of this subdivision.

146:29 Severability.

If

any provision

of this subdivision

or its application

to any person or

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circumstance

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subdivision

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the provisions qf this subdivision are severable

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of Effective Date. If the commissioner of health and human services certifies to

the secretary of state and. the director of legislative services on or before January 1, 2018 that

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legislation requiring mand.atory labeling of genetically engineered food has been adopted. by at least
4 of the following states: Maine, Vermont, Massachusetts, Rhode Island., Connecticut, New York,

is held. invalid, the invalidity

shall not affect other provisions

or applications

which can be given effect without the invalid provisions or applications,

of the

and to this end

2 Determination

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to HB 660-FN

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Jersey, and Pennsylvania,

New

certification.

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If such certification is not

3 New Subparagraph;

after the date of such

mad.e by January 1, 2018, this act shall not take effect.

Rulemaking.

Amend RSA 146:11,II by inserting after subparagraph

(g)

the following new subparagraph:

(h)

this act shall take effect 18 months

Enforcement

procedures

and administrative

fines for violations

labeling of genetically engineered foods.

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.

concerning

the