MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Agriculture
By: Representative Eubanks
AN ACT TO CREATE THE "TRUTH IN LABELING ACT," TO PROVIDE FOR THE LABELING OF FOOD PRODUCTS PRODUCED WITH GENETIC ENGINEERING; TO DEFINE TERMS USED IN THIS ACT; TO SPECIFY WHICH PRODUCTS SHALL BE SUBJECT TO THE REGULATION OF THIS ACT; TO PROVIDE FOR THE ESTABLISHMENT OF THE MANDATORY STANDARD TO BE USED AND ENFORCED BY THE COMMISSIONER OF AGRICULTURE AND COMMERCE IN COMPLIANCE WITH THE NATIONAL LABELING STANDARD; TO ENSURE THAT THE COMMISSIONER ADOPT REGULATORY STANDARDS THAT SPECIFY THE AMOUNT OF BIOENGINEERED SUBSTANCE THAT MAY BE PRESENT IN FOOD PRODUCTS; TO PRESCRIBE THE METHOD OF DISCLOSING INFORMATION ON BIOENGINEERED PRODUCTS AND ANY REASONABLE ALTERNATIVE DISCLOSURE; TO REQUIRE THE COMMISSIONER TO CONDUCT A STUDY ON IDENTIFYING TECHNOLOGICAL CHALLENGES TO CONSUMER ACCESS TO BIOENGINEERED DISCLOSURE BY JULY 1, 2018, TO REQUIRE PERSONS SUBJECT TO THE MANDATORY DISCLOSURE PROVISION TO PROVIDE ANY RECORDS TO THE COMMISSIONER UPON REQUEST UPON THE COMMISSIONER'S EXAMINATION OR AUDIT OF SUCH PERSONS OR RETAIL ESTABLISHMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known, and may be cited as, the Truth in Labeling Act.
SECTION 2. As used in this act, the following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise:
(a) "Bioengineering" and any similar term, as determined by the Commissioner of Agriculture and Commerce, with respect to a food, refers to a food:
(i) That contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; and
(ii) For which the modification could not otherwise be obtained through conventional breeding or found in nature.
(b) "Food" means a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 USC 321)) that is intended for human consumption.
(c) "Commissioner" means the Commissioner of Agriculture and Commerce of Agriculture.
SECTION 3. (1) This act shall apply to any claim in a disclosure that indicates that the food is a bioengineered food.
(2) The definition of the term "bioengineering" under Section 2 shall not affect any other definition, program, rule, or regulation of the Federal Government.
(3) This article shall apply only to a food subject to:
(a) The labeling requirements under the Federal Food,
Drug, and Cosmetic Act (21 USC 301 et seq.); or
(b) The labeling requirements under the Federal Meat Inspection Act (21 USC 601 et seq.), the Poultry Products Inspection Act (21 USC 451 et seq.), or the Egg Products Inspection Act (21 USC 1031 et seq.) only if:
(i) The most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.);
(ii) The most predominant ingredient of the food is broth, stock water, or a similar solution; or
(iii) The second-most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act.
SECTION 4. (1) Not later than two (2) years after the date of enactment of this article, the Commissioner of Agriculture and Commerce shall:
(a) Ensure that all products under the Department of Agriculture and Commerce's regulatory authority comply with the national mandatory bioengineered food disclosure standard with respect to any bioengineered food and any food that may be bioengineered; and
(b) Establish such requirements and procedures as the commissioner determines necessary to carry out the standard in the State of Mississippi.
(2) (a) A food may bear a disclosure that the food is bioengineered only in accordance with regulations promulgated by the commissioner in accordance with requirements of the United States Department of Agriculture.
(b) A regulation promulgated by the commissioner in carrying out this article shall:
(i) Prohibit a food derived from an animal to be
considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance;
(ii) Determine the amounts of a bioengineered substance that may be present in food, as appropriate, in order for the food to be a bioengineered food;
(iii) Establish a process for requesting and granting a determination by the commissioner regarding other factors and conditions under which a food is considered a bioengineered food;
(iv) In accordance with subsection (4), require that the form of a food disclosure under this section be either a text or symbol, with the disclosure option to be selected by the food manufacturer;
(v) Provide alternative reasonable disclosure options for food contained in small or very small packages;
(vi) In the case of small food manufacturers, provide:
1. An implementation date that is not earlier
than one (1) year after the implementation date for regulations promulgated in accordance with this section; and
2. On-package disclosure options, in addition to those available under subparagraph (iv), to be selected by the small food manufacturer, that consist of:
A. A telephone number accompanied by
appropriate language to indicate that the phone number provides access to additional information; and
B. An Internet website maintained by the small food manufacturer in a manner consistent with subsection (4), as appropriate; and
(vii) Exclude:
1. Food served in a restaurant or similar retail food establishment; and
2. Very small food manufacturers.
(c) For the purpose of regulations promulgated and food disclosures made pursuant to paragraph (b), a bioengineered food that has successfully completed the pre-market federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering.
(3) (a) Not later than July 1, 2018, the commissioner shall conduct a study to identify potential technological challenges that may impact whether consumers would have access to the bioengineering disclosure through electronic or digital disclosure methods.
(b) In conducting the study under paragraph (a), the commissioner shall solicit and consider comments from the public.
(c) The study conducted under paragraph (a) shall consider whether consumer access to the bioengineering disclosure through electronic or digital disclosure methods under this subtitle would be affected by the following factors:
(i) The availability of wireless Internet or cellular networks;
(ii) The availability of landline telephones in stores;
(iii) Challenges facing small retailers and rural retailers;
(iv) The efforts that retailers and other entities have taken to address potential technology and infrastructure challenges; and
(v) The costs and benefits of installing, in retail stores, electronic or digital link scanners or other evolving technology that provide bioengineering disclosure information.
(d) If the commissioner determines in the study conducted under paragraph (a) that consumers, while shopping, would not have sufficient access to the bioengineering disclosure through electronic or digital disclosure methods, the commissioner, after consultation with food retailers and manufacturers, shall provide additional and comparable options to access the bioengineering disclosure.
(4) In promulgating regulations under this section, the commissioner shall ensure that:
(a) On-package language accompanies any telephone number disclosure, indicating that the telephone number will provide access to additional information by stating only "Call for more food information"; and
(b) The disclosure text or symbol will be displayed, in a consistent and conspicuous manner, on the packaging material of the product, and shall exclude marketing and promotional information.
(5) Notwithstanding Section 6, no political subdivision of this state may directly or indirectly establish, under any authority or continue in effect as to any food in interstate commerce, any requirement relating to the labeling or disclosure of whether a food is bioengineered or was developed or produced using bioengineering for a food that is the subject of the national bioengineered food disclosure standard under this section that is not identical to the mandatory disclosure requirement under that standard.
(6) The Commissioner of Agriculture and Commerce shall consider establishing consistency between:
(a) The national bioengineered food disclosure standard established under this section; and
(b) The Organic Foods Production Act of 1990 and any rules or regulations implementing that act.
(7) (a) It shall be a prohibited act for a person to knowingly fail to make a disclosure as required under this section.
(b) Each person subject to the mandatory disclosure requirement under this section shall maintain, and make available to the commissioner, on request, such records as the commissioner determines to be customary or reasonable in the food industry, by regulation, to establish compliance with this section.
(c) Examination and Audit:
(i) The commissioner may conduct an examination, audit or similar activity with respect to any records required under paragraph (b);
(ii) A person subject to an examination, audit or similar activity under subparagraph (i) shall be provided notice and opportunity for a hearing on the results of any examination, audit or similar activity; and
(iii) After the notice and opportunity for a hearing under subparagraph (ii), the commissioner shall make public the summary of any examination, audit or similar activity under subparagraph (i).
(d) The commissioner shall have no authority to recall any food subject to this act on the basis of whether the food bears a disclosure that the food is bioengineered.
SECTION 5. (1) This section shall be applied in a manner consistent with United States obligations under international agreements.
(2) A food may not be considered to be "not bioengineered," "non-GMO" or any other similar claim describing the absence of bioengineering in the food solely because the food is not required to bear a disclosure that the food is bioengineered under this section.
SECTION 6. (1) No state agency or a political subdivision of the state may directly or indirectly establish, under any authority or continue in effect as to any food or seed in interstate commerce, any requirement relating to the labeling of whether a food, including food served in a restaurant or similar establishment, or seed is genetically engineered, which shall include such other similar terms as determined by the Commissioner of Agriculture and Commerce of Agriculture, or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering.
(2) Nothing in this act or any regulation, rule or requirement promulgated in accordance with this act shall be construed to preempt any remedy created by a state or federal statutory or common law right.
SECTION 7. In the case of a food certified under the national organic program established under the Organic Foods Production Act of 1990, the certification shall be considered sufficient to make a claim regarding the absence of bioengineering in the food, such as "not bioengineered," "non-GMO" or another similar claim.
SECTION 8. This act shall take effect and be in force from and after July 1, 2017.