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HB 32: "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                              HOUSE BILL NO. 32                                                                          
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)  "intentionally" has the meaning given in AS 11.81.900;                                             
25                 (6)  "in vitro nucleic acid techniques" means                                                           
26 (A)  recombinant deoxyribonucleic acid techniques, ribonucleic                                                          
27            acid techniques, or other techniques that use vector systems; and                                            
28 (B)  techniques involving the direct introduction into an                                                               
29 organism of hereditary material prepared outside of the organism through                                                
30 methods such as micro-injection, chemoporation, electroporation, micro-                                                 
31            encapsulation, and liposome fusion;                                                                          
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) if [IN CASE] it is fabricated from two or more ingredients, the common or usual                                 
19 name of each ingredient; [EXCEPT THAT,] however, spices, flavorings, and                                                
20 colorings, other than those sold as such, may be designated as spices, flavorings, and                                  
21 colorings, without naming each; however, to the extent that compliance with the                                         
22 requirements of (B) of this paragraph is impracticable, or results in deception or unfair                               
23 competition, exemptions shall be established by regulations adopted by the                                              
24 department, but the requirements of (B) of this paragraph do not apply to food                                          
25 products that are packaged at the direction of purchasers at retail at the time of sale,                                
26 the ingredients of which are disclosed to the purchasers by other means in accordance                                   
27       with regulations adopted by 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. This Act takes effect January 1, 2018.