Bill Text: NJ S2808 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes labeling of foods that are free of genetically modified material.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-11 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2808 Detail]
Download: New_Jersey-2010-S2808-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Authorizes labeling of foods that are free of genetically modified material.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning labeling of foods that are free of genetically modified material, and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commissioner" means the Commissioner of Health and Senior Services.
"Department" means the Department of Health and Senior Services.
"Eligible food product" means a food that is composed of one percent or less genetically modified material, as determined in accordance with the standards of measurement and quantification procedures established by the department pursuant to subsection c. of section 2 of this act.
"Food" means (1) any food product or article of food that is consumable by a human or an animal, and (2) any item or substance that is intended for use as a food ingredient. "Food" shall not include chewing gum.
"Genetically modified material" means any substance that has been produced, enhanced, or otherwise modified through the use of recombinant deoxyribonucleic acid technology, genetic engineering, or bioengineering.
"Ineligible food product" means a food that is composed of more than one percent genetically modified material, as determined in accordance with the standards of measurement and quantification procedures established by the department pursuant to subsection c. of section 2 of this act.
"Label" means a display of written, printed, or graphic matter that appears on a food or on a food's immediate wrapper, container, or package, or that otherwise accompanies a food at the time of its distribution or sale.
2. a. Any eligible food product offered for sale in the State may feature a label indicating that the food is free of genetically modified material.
b. (1) Any ineligible food product that is labeled as being free of genetically modified material shall be considered to be misbranded in violation of the provisions of R.S.24:5-1 et seq. The commissioner may order the correction of the label on any food that is determined to be misbranded pursuant to this paragraph, and any such order shall be complied with during the time specified thereby.
(2) The department may conduct any investigation it deems necessary to verify the accuracy of any claim that is made on a label pursuant to this act.
(3) Any person who misbrands a food as provided in this subsection shall be liable to a penalty as provided by chapter 17 of Title 24 of the Revised Statutes. Any such penalties shall be recovered in accordance with the provisions of R.S.24:17-1 et seq.
c. The department, in consultation with the Department of Agriculture, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act. These rules and regulations shall include, but need not be limited to, standards of measurement and procedures for the quantification of genetically modified material in: (1) raw agricultural foods, such as fresh meats and vegetables; (2) lightly processed foods, such as breads, pastas, milk, and cheeses; and (3) highly processed foods, such as sugars, oils, canned and frozen foods, and condiments. The department shall identify, for each category of food, or for any sub-category thereof, as determined to be necessary, the preferred unit of measurement, the approved methods of measurement, and the requisite sampling protocol for each method of measurement.
3. This act shall take effect immediately, but shall be inoperative until the 120th day after the date of enactment.
STATEMENT
This bill would authorize, but not require, the labeling of foods that are free of genetically modified material.
The bill would provide, in particular, that any eligible food product or ingredient offered for sale in the State may feature a label indicating that the food is free of genetically modified material. "Genetically modified material" would be defined to include "any substance that has been produced, enhanced, or otherwise modified through the use of recombinant deoxyribonucleic acid technology, genetic engineering, or bioengineering."
Eligibility for labeling under the bill would be dependent upon the composition of the food or ingredient at issue, and, specifically, upon the amount of genetically modified material contained therein. This amount would be determined in accordance with standards of measurement and quantification procedures to be established by the Department of Health and Senior Services (DHSS), in consultation with the Department of Agriculture.
The bill would provide, in particular, that a food product or ingredient would be eligible for labeling if it is composed of one percent of less genetically modified material, as determined in accordance with the standards and procedures adopted by DHSS. The labeling of any food product or ingredient that contains genetically modified material in excess of this amount would constitute misbranding in violation of pre-existing food and drug labeling law, which provides for a penalty of $100 for a first offense, $200 for a second offense, and $400 for any third or subsequent offense.
DHSS would be responsible for administering and enforcing the bill's provisions.
