SB 158: "An Act relating to the labeling of food; relating to the misbranding of food; requiring labeling of food produced with genetic engineering; and providing for an effective date."
00 SENATE BILL NO. 158 01 "An Act relating to the labeling of food; relating to the misbranding of food; requiring 02 labeling of food produced with genetic engineering; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 17.20 is amended by adding a new section to read: 05 Sec. 17.20.035. Labeling of genetically engineered food. (a) Food wholly or 06 partially produced with genetic engineering that is purchased by a retailer after the 07 effective date of this Act for retail sale in the state shall be labeled as wholly or 08 partially produced with genetic engineering. If the food is 09 (1) a raw agricultural commodity, the label must read "produced with 10 genetic engineering" or "genetically engineered"; 11 (2) a processed food, the label must read "partially produced with 12 genetic engineering" or "may be partially produced with genetic engineering." 13 (b) Unpackaged food required to be labeled under (a) of this section may be 14 labeled on the shelf or bin where the food is displayed for retail sale.
01 (c) Food subject to the labeling requirements of this section may not be 02 identified on a label, in an advertisement, or elsewhere with the term "natural," 03 "naturally made," "naturally grown," "all natural," or another term that is reasonably 04 likely to mislead a consumer regarding the use of genetic engineering to produce the 05 food. 06 (d) This section does not require the listing or identification of the specific 07 ingredient or ingredients that were genetically engineered or the use of the term 08 "genetically engineered" to modify the name or description of a food. 09 (e) The labeling requirements in this section do not apply to 10 (1) genetically modified fish or genetically modified fish products; 11 (2) food consisting entirely of or derived entirely from an animal that 12 has not been wholly or partially produced with genetic engineering, even if the animal 13 has been fed or injected with a food or drug that was produced with genetic 14 engineering; 15 (3) a raw agricultural commodity or a processed food that has been 16 grown, raised, or produced without the knowing or intentional use of food or seed 17 produced with genetic engineering; to qualify for an exemption from the labeling 18 requirement under this paragraph, the person otherwise responsible for complying 19 with the labeling requirement shall obtain a statement from the supplier of the raw 20 agricultural commodity or processed food that the raw agricultural commodity or 21 processed food was not knowingly or intentionally produced with genetic engineering 22 and has been segregated from and not knowingly or intentionally commingled with 23 food that may have been produced with genetic engineering; 24 (4) food that would be subject to the labeling requirements of this 25 section only because a processing aid or enzyme produced with genetic engineering 26 was used to produce the food; 27 (5) an alcoholic beverage; 28 (6) processed food that would be subject to the labeling requirements 29 of this section before July 1, 2019, solely because one or more of its ingredients were 30 produced with genetic engineering; for the exception in this paragraph to apply, the 31 genetically engineered ingredients in the processed food may not account for more
01 than 9/10 of one percent of the total weight of the processed food; 02 (7) processed food prepared and intended for immediate human 03 consumption; 04 (8) medical food as defined in 21 U.S.C. 360ee. 05 (f) The labeling requirements of this section are in addition to the other 06 requirements of this chapter. 07 (g) In this section, 08 (1) "alcoholic beverage" has the meaning given in AS 04.21.080; 09 (2) "enzyme" means a protein that catalyzes chemical reactions of 10 other substances without itself being destroyed or altered upon completion of the 11 reactions; 12 (3) "genetic engineering" means a process whereby the genetic 13 material of an organism or organisms is changed through 14 (A) the application of in vitro nucleic acid techniques, 15 including recombinant deoxyribonucleic acid techniques and the direct 16 injection of nucleic acid into cells or organelles; or 17 (B) fusion of cells, including protoplast fusion, or hybridization 18 techniques that overcome natural physiological, reproductive, or recombination 19 barriers, where the donor cells or protoplasts do not fall within the same 20 taxonomic group, in a way that does not occur by natural multiplication or 21 natural recombination; 22 (4) "human consumption" means eating or ingestion by a natural 23 person; 24 (5) "in vitro nucleic acid techniques" means 25 (A) recombinant deoxyribonucleic acid techniques, ribonucleic 26 acid techniques, or other techniques that use vector systems; and 27 (B) techniques involving the direct introduction into an 28 organism of hereditary material prepared outside of the organism through 29 methods such as micro-injection, chemoporation, electroporation, micro- 30 encapsulation, and liposome fusion; 31 (6) "intentionally" has the meaning given in AS 11.81.900;
01 (7) "knowingly" has the meaning given in AS 11.81.900; 02 (8) "organism" means a biological entity capable of replication, 03 reproduction, or transferring of genetic material; 04 (9) "processing aid" means a substance that is added to a processed 05 food 06 (A) during processing and removed before the food is packaged 07 or offered for retail sale; 08 (B) during processing and converted into a constituent 09 normally present in the food and does not significantly increase the amount of 10 that constituent; or 11 (C) because of the technical or functional effect of the 12 substance on the processing of the food and that remains present in the food in 13 an amount that does not have a technical or functional effect on the food after 14 the processing is complete. 15 * Sec. 2. AS 17.20.040(a) is amended to read: 16 (a) Food is misbranded if 17 (1) its labeling is false or misleading in any particular; 18 (2) it is offered for sale under the name of another food; 19 (3) it is an imitation of another food, unless its label bears, in type of 20 uniform size and prominence, the word "imitation" and, immediately thereafter, the 21 name of the food imitated; 22 (4) its container is made, formed, or filled so as to be misleading; 23 (5) it is in package form unless it bears a label containing (A) the name 24 and place of business of the manufacturer, packer, or distributor; and (B) an accurate 25 statement of the quantity of the contents in terms of weight, measure, or numerical 26 count; however, under (B) of this paragraph, reasonable variations are permitted, and 27 exemptions for small packages shall be established by regulations prescribed by the 28 department; 29 (6) a word, statement, or other information required by or under 30 authority of this chapter to appear on the label or labeling is not prominently placed 31 with the conspicuousness (as compared with other words, statements, designs, or
01 devices in the labeling) and in terms that make it likely to be read and understood by 02 the ordinary individual under customary conditions of purchase and use; 03 (7) it purports to be or is represented as a food for which a definition 04 and standard of identity has been prescribed by regulations as provided by 05 AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label 06 bears the name of the food specified in the definition and standard and the common 07 names of optional ingredients other than spices, flavoring, and coloring present in the 08 food as required by regulation; 09 (8) it purports to be or is represented as (A) a food for which a 10 standard of quality has been prescribed by regulations, and its quality falls below that 11 standard, unless its label bears, in the manner and form the regulations specify, a 12 statement that it falls below that standard; or (B) a food for which a standard of fill of 13 container has been prescribed by regulation as provided by AS 17.20.010 and it falls 14 below the applicable standard of fill of container, unless its label bears, in the manner 15 and form as the regulations specify, a statement that it falls below that standard; 16 (9) it is not subject to the provisions of (7) of this subsection, unless it 17 bears labeling clearly giving (A) the common or usual name of the food, if any, and 18 (B) in case it is fabricated from two or more ingredients, the common or usual name of 19 each ingredient; except that, however, spices, flavorings, and colorings, other than 20 those sold as such, may be designated as spices, flavorings, and colorings, without 21 naming each; however, to the extent that compliance with the requirements of (B) of 22 this paragraph is impracticable, or results in deception or unfair competition, 23 exemptions shall be established by regulations adopted by the department, but the 24 requirements of (B) of this paragraph do not apply to food products that are packaged 25 at the direction of purchasers at retail at the time of sale, the ingredients of which are 26 disclosed to the purchasers by other means in accordance with regulations adopted by 27 the department; 28 (10) it purports to be or is represented for special dietary uses, unless 29 its label bears information concerning its vitamin, mineral, and other dietary properties 30 the commissioner determines to be, and by regulations prescribes as, necessary in 31 order fully to inform purchasers as to its value for those uses;
01 (11) it bears or contains artificial flavoring, artificial coloring, or 02 chemical preservative, unless it bears labeling stating that fact; however, to the extent 03 that compliance with the requirements of this paragraph is impracticable, exemption 04 shall be established by regulations adopted by the department; 05 (12) the food is a farmed halibut, salmon, or sablefish product, unless 06 (A) the product is labeled to identify the product as farmed fish 07 raised outside the state, if the product is sold in a packaged form; or 08 (B) the product is conspicuously identified as farmed fish 09 raised outside the state, if the product is sold in an unpackaged form; 10 (13) the labeling, advertisement, or identification of the food is 11 inconsistent with the labeling, advertisement, or identification provisions of 12 AS 17.20.035, 17.20.048, [AS 17.20.048] or 17.20.049; 13 (14) the food is a genetically modified fish or genetically modified fish 14 product unless 15 (A) the food is conspicuously labeled to identify the fish or fish 16 product as a genetically modified fish or fish product if the fish or fish product 17 is sold in a packaged form; [OR] 18 (B) the food is conspicuously identified as a genetically 19 modified fish or fish product if the fish or fish product is sold in an unpackaged 20 form; or 21 (C) the food is conspicuously labeled "produced with 22 genetic engineering" or "genetically engineered"; 23 (15) it fails to satisfy a labeling requirement in AS 17.20.035 for 24 food produced with genetic engineering. 25 * Sec. 3. AS 17.20 is amended by adding a new section to read: 26 Sec. 17.20.348. Liability of retail seller of processed food. Notwithstanding 27 AS 17.20.290, 17.20.305, or 17.20.315, a retail seller of food is not subject to civil or 28 criminal liability arising from failure to label a processed food as required under 29 AS 17.20.035 unless the retail seller 30 (1) is the producer or manufacturer of the processed food; or 31 (2) offers the processed food for sale under a brand owned by the retail
01 seller. 02 * Sec. 4. AS 17.20.370 is amended by adding new paragraphs to read: 03 (17) "genetically modified fish" means 04 (A) a finfish or shellfish whose genetic structure has been 05 altered at the molecular level by means that are not possible under natural 06 conditions or processes, including recombinant deoxyribonucleic acid and 07 ribonucleic acid techniques, cell fusion, gene deletion or doubling, introduction 08 of exogenous genetic material, alteration of the position of a gene, or similar 09 procedure; 10 (B) the progeny of a finfish or shellfish described in (A) of this 11 paragraph; 12 (18) "genetically modified fish product" means a product prepared 13 from a genetically modified fish; 14 (19) "processed food" means a food produced from a raw agricultural 15 commodity that has been subjected to processing, such as canning, smoking, pressing, 16 cooking, freezing, dehydration, fermentation, or milling; "processed food" does not 17 include a raw agricultural commodity; 18 (20) "raw agricultural commodity" means a fruit that is raw and 19 unpeeled after having been washed, colored, or otherwise treated or a food in its raw 20 or natural state. 21 * Sec. 5. AS 17.20.040(b)(2) and 17.20.040(b)(3) are repealed. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 NOTICE OF ENACTMENT BY OTHER STATES. The commissioner of 25 environmental conservation shall notify the lieutenant governor and the revisor of statutes 26 when four other states have enacted legislation with requirements for the labeling of food 27 produced with genetic engineering substantially similar to the requirements in this Act. 28 * Sec. 7. This Act takes effect 18 months after the day after the date on which the 29 commissioner of environmental conservation notifies the revisor of statutes that four other 30 states have enacted legislation with requirements for the labeling of food produced with 31 genetic engineering substantially similar to the requirements in this Act or on July 1, 2015,
01 whichever is earlier.