Report Title:
Food Labeling
Description:
Allows food labeling to contain claims that product is free of genetically modified organisms if those claims can be proven. Requires department of health to adopt standards for requisite level of proof needed to support the claim.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2404 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to claims concerning Food.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. As new advances in biotechnology, including what are popularly referred to as "genetically modified" or "transgenic" plants, are developed, concern has increased among consumers about possible adverse effects stemming from food products that contain products or organisms modified in whole or in part through agricultural biotechnology. Some contend that labeling requirements for food products should include disclosure of any contents or ingredients that are modified through agricultural biotechnology. In this context, the legislature finds that:
(1) Consumers have an interest in being informed about the benefits and potential quantifiable risks to their health from products they consume. This information must be grounded in sound science, must use informative and effective communications, and must be consistent with other production technologies;
(2) It is also important to understand the opportunities that new technologies offer to consumers, farmers, the livestock industry, food processors, and the environment, as well as to evaluate the potential risks;
(3) Under the existing regulatory framework for biotechnology, the United States Food and Drug Administration has the federal authority to assure that food and pharmaceutical development using biotechnology protects public health, the United States Environmental Protection Agency has the authority to review environmental issues including bioengineered pesticides, and the United States Department of Agriculture has the responsibility to regulate the introduction of plants
(4) Agriculture is important to Hawaii's economy for many reasons other than jobs and the production of food and fiber. Support for agricultural research based in sound science, and the utilization of modern farming technologies are key factors in strengthening the agricultural sector of Hawaii's economy and its competitive edge in the world market for agricultural products, as well as in the growth and development of Hawaii's biotechnology sector;
(5) Requiring food manufacturers to disclose whether a particular product contains products or organisms modified through agricultural biotechnology will probably be found unconstitutional. In 1996, the United States Court of Appeals for the Second Circuit found unconstitutional, a Vermont statute requiring producers of milk and milk products to disclose in their labeling whether the products contained recombinant bovine growth hormone. In deciding International Dairy Foods Association v. Amestoy, 93 F.3d 67, the court found that the labeling law violated the constitutional free speech rights of the producers, specifically, their right not to speak. The violation could not be overcome by the state's interests being advanced by the statute, namely a "strong consumer interest" and the public's "right to know";
(6) A preferable approach to this issue is to treat it as a matter of consumer protection rather than try to characterize it as one of public health or safety. From the perspective of consumer protection, manufacturers and sellers should be able to make claims that are truthful, and the most truthful claims are the ones that can be proven. Manufacturers who can prove that their products are "GMO free", (or other phrases denoting the absence of organisms or products modified through agricultural biotechnology) should be able to make those claims to those segments of the marketplace that consider those characteristics desireable.
For the foregoing reasons, the purpose of this Act is to specifically authorize manufacturers and sellers to make claims through food advertising, packaging, or labeling that their products are free of organisms or products modified through agricultural biotechnology if those claims can be proven. The legislature further recognizes that it may be unreasonable if not impossible for a manufacturer or seller to prove an absolute absence of all of those organisms at all times. For this reason, this Act establishes 0.1 per cent as a limit below which claims can be made that a food product is "free" of those products or organisms, and also directs the state department of health to develop standards and procedures regarding acceptable methods of proof.
The legislature is cognizant of the fact that the fields of biotechnology generally and food biotechnology specifically, are growing rapidly and in diverse ways. Whatever the State does in this area should be based in good sense, sound science, and as the result of collaborative efforts by knowledgeable people. For this reason, this Act establishes a food biotechnology task force and advisory committees to assist the department of health in the effective implementation of this Act.
SECTION 2. Chapter 328, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
"§328-A Labeling, packaging, or advertising claims; products or organisms modified through agricultural biotechnology. (a) A manufacturer or seller, whether at wholesale or retail of any food product may make labeling, packaging, or advertising claims that the product being sold is free of products or organisms modified through agricultural biotechnology if the manufacturer or seller is able to prove to the department that the product contains not more than 0.1 per cent of ingredients that are products or organisms modified through agricultural biotechnology. The labeling, packaging, or advertising claims may include the use of phrases such as "free of genetically modified organisms" or words or phrases having a similar meaning.
(b) The department shall adopt rules to establish standards and procedures regarding acceptable methods of proving the content requirements of subsection (a), which may include:
(1) Affidavits from growers, processors, or manufacturers;
(2) Reports of testing from clinical laboratories; or
(3) Any other records or procedures deemed appropriate by the department.
(c) As used in this section:
"Organism modified through agricultural biotechnology" means any living organism whose genetic makeup has been altered through the addition of novel, nonspecies-related genetic material not otherwise part of the genetic makeup of that organism. Nonspecies-related genetic material includes any phylogenetically distant genetic material not normally exchanged within or between related species or cultivars.
"Product modified through agricultural biotechnology" includes products constructed using techniques that alter the thermolecular or cell biology of the intended plant or animal by means including insertions of novel, nonspecies-related deoxyribonucleic acid through any technique such as cell fusion, microencapsulation or phylogenetically distant deoxyribonucleic acid into organisms' genome. The term does not include food crops produced by wide crosses, embryo rescue, or induced mutation.
§328-B Food biotechnology task force; advisory committees. (a) The legislature hereby creates the food biotechnology task force, which shall be attached to the department for administrative purposes. The task force shall be co-chaired by the director of health and the chairperson of the board of agriculture. The co-chairs shall jointly appoint three additional members who may be government employees or private citizens, based upon their knowledge and expertise in areas related to biotechnology and food products. The task force shall consult with appropriate government agencies, universities, and other public and private entities to assist the department in the effective implementation of section 328-A.
(b) The task force may appoint one or more advisory committees to provide input on issues reviewed by the task force. The advisory committees shall consist of representatives from consumer groups, environmental organizations, farmers, ranchers, representatives from the biotechnology industry, researchers, organic farmers, food processors, retailers, and others with interests in the issues surrounding biotechnology.
(c) The department and the department of agriculture, to the extent funding is available, shall make funds available to other agencies to accomplish the purposes of section 328-A and this section, and shall contract, where appropriate, with the University of Hawaii, or other entities to review issues evaluated by the task force or support activities of the advisory committee.
(d) The task force may request particular agencies or advisory committees to lead the effort to evaluate various factors related to food biotechnology. To the extent possible, the task force shall evaluate factors including all of the following:
(1) Definition and categorization of food biotechnology and production processes;
(2) Scientific literature on the subject, and a characterization of information resources readily available to consumers;
(3) Issues related to domestic and international marketing of biotechnology foods
(4) Potential benefits and impacts to human health, the State's economy, and the environment accruing from food biotechnology; and
(5) Existing federal and state evaluation and oversight procedures.
(e) The task force shall report issues studied, matters implemented under section 328-A, findings, the basis for their findings, and recommendations to the governor and the legislature not later than twenty days before the convening of the regular session of 2005, and the convening of each regular session of the legislature thereafter."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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