95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0419

 

Introduced 2/7/2007, by Sen. J. Bradley Burzynski

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Genetically Engineered Food Right To Know Act. Provides that all foods containing genetically engineered material or produced with genetically engineered material must be clearly marked with a label placed in a conspicuous place that indicates that the food contains genetically engineered material or was produced with a genetically engineered material. Provides the specific language to be included on the label. Provides that the Department of Public Health may create rules necessary for the implementation of the Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning public health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Genetically Engineered Food Right To Know Act.
 
6     Section 5. Findings. The General Assembly finds all of the
7 following:
8         (1) Consumers wish to know whether the food they
9     purchase and consume contains or is produced with a
10     genetically engineered material for a variety of reasons,
11     including the potential transfer of allergens into food and
12     other health risks, concerns about potential environmental
13     risks associated with the genetic engineering of crops, and
14     religiously and ethically based dietary restrictions.
15         (2) Consumers have a right to know whether the food
16     they purchase contains or was produced with genetically
17     engineered material.
18         (3) Labels voluntarily placed on foods are
19     insufficient to provide consumers with adequate
20     information concerning whether or not all of the food they
21     purchase contains or was produced with genetically
22     engineered material.
23         (4) Mandatory labeling provides a critical scientific

 

 

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1     method necessary for the continual post market
2     surveillance to study long-term health impacts and
3     enforcement of food safety laws preventing adulterated
4     foods from reaching consumers.
 
5     Section 10. Definitions. In this Act:
6     "Food" includes an animal grown to become food for human
7 consumption, a food product, a food ingredient, a dietary
8 supplement, or a beverage. "Food" does not include a raw
9 agricultural commodity.
10     "Genetically engineered material" means material derived
11 from any part of a genetically engineered organism, without
12 regard to whether the altered molecular or cellular
13 characteristics of the organism are detectable in the material.
14     "Genetically engineered organism" means:
15         (1) an organism that has been altered at the molecular
16     or cellular level by means that are not possible under
17     natural conditions or processes, including, but not
18     limited to, recombinant DNA and RNA techniques, cell
19     fusion, microencapsulation, macroencapsulation, gene
20     deletion and doubling, introducing a foreign gene, and
21     changing the positions of genes, other than a means
22     consisting exclusively of breeding, conjugation,
23     fermentation, hybridization, in vitro fertilization,
24     tissue culture, or mutagenesis; and
25         (2) an organism made through sexual or asexual

 

 

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1     reproduction or both involving an organism described in
2     paragraph (1) of this Section if it possesses any of the
3     altered molecular or cellular characteristics of the
4     organism.
5     "Label" means a display of written, printed, or graphic
6 matter upon an article or the immediate container, not
7 including a package liner, of an article.
 
8     Section 15. Label required.
9     (a) All foods containing genetically engineered material
10 or produced with genetically engineered material must be
11 clearly marked with a label placed in a conspicuous place that
12 indicates that the food contains genetically engineered
13 material or was produced with a genetically engineered
14 material. The label must contain the following language:
15     "This product contains a genetically engineered material
16     or was produced with a genetically engineered material.".
17     (b) For purposes of this Section, a food is considered to
18 have been produced with a genetically engineered material if:
19          (1) the organism from which the food is derived has
20     been injected or otherwise treated with a genetically
21     engineered material, except that the use of manure as
22     fertilizer for raw agricultural commodities may not be
23     construed to mean that such commodities are produced with a
24     genetically engineered material;
25         (2) the animal from which the food is derived has been

 

 

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1     fed genetically engineered material; or
2         (3) the food contains an ingredient that has been
3     subjected to treatment described in paragraph (1) or (2) of
4     subsection (b) of this Section.
 
5     Section 20. Rules. The Department of Public Health may
6 create rules necessary for the implementation of this Act.