Citations Affected: IC 16-18-2; IC 16-42-14.5.
Synopsis: Genetically engineered food. Provides that, beginning July
1, 2014, any food that is offered for retail sale is misbranded if it is not
disclosed that the food is or may have been entirely or partially
produced with genetic engineering. Provides that, beginning July 1,
2014, a food that is genetically engineered or a processed food may not
state or imply that the food is natural. Establishes exceptions to the
disclosure requirements and prohibition on stating a food is natural.
Requires the state department of health (department) to administer and
enforce the disclosure and labeling requirements. Allows the
department to adopt rules. Establishes a Class A infraction for
violations. Allows the department or a person to seek an injunction for
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Agriculture and Rural
A BILL FOR AN ACT to amend the Indiana Code concerning
functional effect in the processing, but is present in the
finished food at insignificant levels and does not have any
technical or functional effect in the finished food.
Sec. 5. Beginning July 1, 2014, any food that is offered for retail sale is misbranded if it is not disclosed that the food is or may have been entirely or partially produced with genetic engineering as follows:
(1) In the case of a raw agricultural commodity, on the package offered for retail sale with the clear and conspicuous words "Genetically Engineered" on the front of the package of the commodity. However, if the raw agricultural commodity is not separately packaged or labeled, the clear and conspicuous words "Genetically Engineered" must appear on a label on the retail store shelf or bin in which the commodity is displayed for sale.
(2) In the case of a processed food, in clear and conspicuous language on the front or back of the package of the food, with the words "Partially Produced With Genetic Engineering" or "May Be Partially Produced With Genetic Engineering".
Sec. 6. Except for a food that is exempt under section 7 of this chapter, beginning July 1, 2014, a food that is genetically engineered or a processed food may not state or imply:
(1) on its label;
(2) on an accompanying sign in the retail establishment; or
(3) in any advertising or promotional materials;
that the food is natural, naturally made, naturally grown, or all natural, or use any similar words.
Sec. 7. The requirements of this chapter do not apply to any of the following:
(1) Food consisting entirely of, or derived entirely from, an animal that has not been genetically engineered, regardless of whether the animal has been fed or injected with a genetically engineered food or a drug that has been produced through means of genetic engineering.
(2) A raw agricultural commodity or food derived from a raw agricultural commodity if the person who sells the raw agricultural commodity or food:
(A) knows that the raw agricultural commodity or food has been grown, raised, or produced without the use of genetically engineered seed or food; or
(B) receives from the person who sold or supplies the raw agricultural commodity or food to that person, a sworn
statement that the raw agricultural commodity or food:
(i) has not been knowingly or intentionally genetically engineered; and
(ii) has been segregated from and has not been knowingly or intentionally commingled with food that may have been genetically engineered at any time.
(3) A processed food that would be subject to this chapter solely because it includes one (1) or more genetically engineered processing aids or enzymes.
(4) An alcoholic beverage as defined by IC 7.1-1-3-5.
(5) Until July 1, 2019, a processed food that would be subject to this chapter solely because it includes one (1) or more genetically engineered ingredients, if:
(A) a single genetically engineered ingredient does not account for more than one-half of one percent (0.5%) of the total weight of the processed food; and
(B) the processed food does not contain more than ten (10) genetically engineered ingredients.
(6) Food that the state department or an organization recognized by the state department has determined has not been knowingly and intentionally produced from or commingled with genetically engineered seed or genetically engineered food, if the determination has been made using a sampling and testing procedure approved by the state department, subject to the following:
(A) The sampling procedure must provide that the sampling is done according to a statistically valid sampling plan consistent with principles recommended by an internationally recognized source, including the International Standards Organization (ISO) and the Grain and Feed Trade Association (GAFTA).
(B) The testing procedure:
(i) is consistent with the most recent "Guidelines on Performance Criteria and Validation of Methods for Detection, Identification and Quantification of Specific DNA Sequences and Specific Proteins in Foods", (CAC/GL 74 (2010)) published by the Codex Alimentarius Commission; and
(ii) does not rely on testing of processed foods in which no deoxyribonucleic acid (DNA) is detectable.
(7) Food that has been lawfully certified to be labeled, marketed, and offered for sale as "organic" under the federal
Organic Food Production Act of 1990 (7 U.S.C. 6501 et seq.)
and regulations adopted under the federal Organic Food
Production Act of 1990, including a product that has been
certified by a certifying agent (as defined by IC 15-15-8-2).
(8) Food that is not packaged for retail sale and that is:
(A) a processed food prepared and intended for immediate human consumption; or
(B) served, sold, or provided in a food establishment or other restaurant that is primarily engaged in the sale of food prepared and intended for immediate human consumption, including facilities exempt under IC 16-18-2-137(b).
(9) Medical food that is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.
Sec. 8. (a) The state department shall administer and enforce this chapter.
(b) The state department may adopt rules under IC 4-22-2 necessary to implement and enforce this chapter. However, the rules may not create an exemption not specified in section 7 of this chapter.
Sec. 9. A person who violates this chapter commits a Class A infraction.
Sec. 10. (a) The state department or any person may, without proof of injury, maintain an action to enjoin a violation of this chapter.
(b) The court may award court costs and reasonable attorney's fees to the prevailing party in an action under this section.