2013 -- H 5849

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LC00505

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO FOOD AND DRUGS -- GENETICALLY MODIFIED ORGANISMS TO BE

LABELED

     Introduced By: Representatives Baldelli-Hunt, and Hull

     Date Introduced: March 06, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 37

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LABELING OF FOOD PRODUCTS CONTAINING GENETICALLY MODIFIED

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ORGANISMS

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     21-37-1. Findings and declarations. – (a) Rhode Island consumers have the right to

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know whether the foods they purchase were produced using genetic engineering. Genetic

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engineering of plants and animals often causes unintended consequences. Manipulating genes and

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inserting them into organisms is an imprecise process. The results are not always predictable or

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controllable, and they can lead to adverse health or environmental consequences.

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     (b) Government scientists have stated that the artificial insertion of DNA into plants, a

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technique unique to genetic engineering, can cause a variety of significant problems with plant

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foods. Such genetic engineering can increase the levels of known toxicants in foods and introduce

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new toxicants and health concerns.

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     (c) Mandatory identification of foods produced through genetic engineering can provide a

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critical method for tracking the potential health effects of eating genetically engineered foods.

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     (d) Without disclosure, consumers of genetically engineered food can unknowingly

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violate their own dietary and religious restrictions.

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     (e) The cultivation of genetically engineered crops can also cause serious impacts to the

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environment. For example, most genetically engineered crops are designed to withstand weed-

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killing pesticides known as herbicides. As a result, hundreds of millions of pounds of additional

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herbicides have been used on U.S. farms. Because of the massive use of such products, herbicide-

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resistant weeds have flourished – a problem that has resulted, in turn, in the use of increasingly

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toxic herbicides. These toxic herbicides damage our agricultural areas, impair our drinking water,

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and pose health risks to farm workers and consumers. Rhode Island consumers should have the

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choice to avoid purchasing foods, production of which can lead to such environmental harm.

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     (f) Organic farming is a significant and increasingly important part of Rhode Island

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agriculture.

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     (g) Organic farmers are prohibited from using genetically engineered seeds. Nonetheless,

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these farmers' crops are regularly threatened with accidental contamination from neighboring

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lands where genetically engineered crops abound. This risk of contamination can erode public

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confidence in Rhode Island's organic products, significantly undermining this industry. Rhode

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Islanders should have the choice to avoid purchasing foods whose production could harm the

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state's organic farmers and its organic foods industry.

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     (h) The labeling, advertising, and marketing of genetically engineered foods using terms

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such as "natural," "naturally made," "naturally grown," or "all natural" is misleading to Rhode

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Island consumers.

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     21-37-2. Purpose. – The purpose of this chapter is to provide a framework for the

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traceability of products consisting of or containing genetically modified organisms (GMOs), and

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food and feed produced from GMOs, with the objectives of facilitating accurate labeling,

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monitoring the effects on the environment and, where appropriate, on health, and the

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implementation of the appropriate risk management measures including, if necessary, withdrawal

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of products.

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     21-37-3. Scope and applicability of chapter. – (a) This chapter shall apply, at all stages

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of the placing on the open market for sale in Rhode Island, to:

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     (1) Products consisting of, or containing, GMOs, placed on the market for sale in Rhode

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Island;

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     (2) Food produced from GMOs, placed on the market for sale in Rhode Island; and

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     (3) Feed produced from GMOs, placed on the market for sale and/or use in Rhode Island.

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     (b) This chapter shall not apply to medicinal products for human and veterinary use

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authorized under title 23 (“Health and Safety”). \

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     (c) This chapter shall apply only to products containing genetically modified organisms

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that are produced or made in Rhode Island.

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     (d) All products under the scope of this chapter which are sold at farmer's markets shall

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be exempt from the provisions of this chapter.

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     21-36-4. Definitions. – As used in this chapter, the following terms shall have the

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following meanings unless the context clearly specifies otherwise:

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     (1) “Genetically modified organism” or “GMO” means an organism whose genetic

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characteristics have been altered by the insertion of a modified gene or a gene from another

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organism using the techniques of genetic engineering;

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     (2) “Produced from GMOs” means derived, in whole or in part, from GMOs, but not

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containing or consisting of GMOs;

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     (3) “Traceability” means the ability to trace GMOs and products produced from GMOs at

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all stages of their placing on the market through the production and distribution chains;

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     (4) “Unique identifier” means a simple numeric or alphanumeric code which serves to

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identify a GMO on the basis of the authorized transformation event from which it was developed

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and providing the means to retrieve specific information pertinent to that GMO;

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     (5) “Operator” means a natural or legal person who places a product on the market for

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sale in Rhode Island or who receives a product that has been placed on the market in the state, at

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any stage of the production and distribution chain, but does not included the final consumer;

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     (6) “Final consumer” means the ultimate consumer who will not use the product as part

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of any business operation or activity;

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     (7) “Placing on the market” means placing on the market for sale in Rhode Island;

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     (8) “The first stage of the placing on the market of a product” means the initial

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transaction in the production and distribution chains, where a product is made available to a third

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party;

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     (9) “Pre-packaged product” means any single item offered for sale consisting of a product

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and the packaging into which it was put before being offered for sale, whether such packaging

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encloses the product completely or only partially, provided that the contents cannot be altered

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without opening or changing the packaging.

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     21-36-5. Traceability and labeling requirements for products consisting of or

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containing GMOs. – (a) Traceability.

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     (1) At the first stage of the placing on the market of a product consisting of or containing

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GMOs, including bulk quantities, operators shall ensure that the following information is

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transmitted in writing to the operator receiving the product:

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     (i) That it contains or consists of GMOs;

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     (ii) An identification of the GMOs within the product.

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     (2) At all subsequent stages of the placing on the market of products referred to in

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paragraph (a)(1)(i), operators shall ensure that the information received in accordance with

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paragraph (a)(1)(i) and (ii) is transmitted in writing to the operators receiving the products.

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     (3) In the case of products consisting of or containing mixtures of GMOs to be used only

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and directly as food or feed or for processing, the information referred to in paragraph (a)(1)(ii)

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may be replaced by a declaration of use by the operator, accompanied by a list of the unique

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identifiers for all those GMOs that have been used to constitute the mixture.

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     (4) Operators shall have in place systems and standardized procedures to allow the

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holding of information specified in this section and the identification, for a period of five (5)

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years from each transaction, of the operator by whom and the operator to whom the products have

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been made available.

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     (b) Labeling.

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     (1) For products consisting of or containing GMOs, operators shall ensure that:

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     (i) For pre-packaged products offered to the final consumer consisting of, or containing

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GMOs, the words “This product contains genetically modified organisms” or “This product

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contains genetically modified [name of organism(s)]” appear on a label;

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     (ii) For non-pre-packaged products offered to the final consumer the words “This product

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contains genetically modified organisms” or “This product contains genetically modified [name

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of organism(s)]” shall appear on, or in connection with, the display of the product.

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     (c) Exemptions.

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     (1) This section shall not apply to traces of GMOs in products in a proportion no higher

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than one percent (1%) of the entire food product.

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     21-36-6. Traceability requirements for products for food and feed produced from

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GMOs. – (a) When placing products produced from GMOs on the market in Rhode Island,

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operators shall ensure that the following information is transmitted in writing to the operator

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receiving the product:

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     (1) An indication of each of the food ingredients which is produced from GMOs;

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     (2) An indication of each of the feed materials or additives which is produced from

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GMOs.

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     (3) In the case products for which no list of ingredients exists, an indication that the

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product is produced from GMOs.

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     (b) Operators shall have in place systems and standardized procedures to allow the

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holding of the information specified in this section and the identification, for a period of five (5)

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years from each transaction, of the operator by whom and to whom the products have been made

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available.

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     (c) This section shall not apply to traces of GMOs in products for food and feed produced

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from GMOs in a proportion no higher than one percent (1%) of the entire food product.

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     21-36-7. Department to review. – The department of health shall monitor compliance

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with this chapter by persons and entities engaged in food production, service, manufacture, and/or

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distribution in Rhode Island. This monitoring shall also include compliance in regard to food and

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feed produced from GMOs. The department shall report annually to the general assembly on the

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status of compliance by food preparers, distributors, and manufacturers, by March 15 of each

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year.

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     SECTION 2. This act shall take effect on July 1, 2014.

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LC00505

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS -- GENETICALLY MODIFIED ORGANISMS TO BE

LABELED

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     This act would require that food or food products produced or made in Rhode Island

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only, derived from or containing genetically modified organisms be labeled as such by the

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manufacturer, retailer, or other person before putting it on the market for sale in Rhode Island.

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     This act would take effect on July 1, 2014.

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LC00505

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