First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0376.01 Jennifer Berman x3286HOUSE BILL 13-1192
                    HOUSE SPONSORSHIP
 Labuda,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Health, Insurance & Environment
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning labeling requirements for genetically
            engineered food.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill defines "genetically engineered" and requires a person
       selling, distributing, or offering for sale food in Colorado that he or she
       is aware contains genetically engineered material or was produced with
       genetically engineered material to label the food as follows: "This product
       contains genetically engineered material or was produced with genetically
       engineered material". The bill exempts certain foods from the labeling
       requirement.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 25-5-402, add (12.5)
       as follows:
            25-5-402.  Definitions. As used in this part 4, unless the context
       otherwise requires:
            (12.5)  "Genetically engineered" and "genetic engineering"
       refer to organisms and biological materials that have been
       altered at the molecular or cellular level by means that are
       not possible under natural conditions or processes. Genetic
       engineering includes recombinant deoxyribonucleic acid (DNA)
       and ribonucleic acid (RNA) techniques, cell fusion,
       microencapsulation, macroencapsulation, gene deletion and
       doubling, introduction of a foreign gene, and changing the
       positions of genes. Genetic engineering does not include
       alteration of an organism or biological material by means
       consisting exclusively of breeding, conjugation, fermentation,
       hybridization, in vitro fertilization, or tissue culture processes. 
            SECTION 2.  In Colorado Revised Statutes, 25-5-419, add (5) as
       follows:
            25-5-419.  Packaging and labeling of consumer commodities.
       (5) (a)  Except as provided in paragraph (b) of this subsection (5),
       a person misbrands genetically engineered food or food
       containing genetically engineered material if he or she:
            (I)  Knows that the food contains genetically engineered
       material or was produced with genetically engineered material;
       and
            (II)  Sells, distributes, or offers the food for sale in
       Colorado without labeling it as follows:
            this product contains genetically engineered
            material or was produced with genetically
            engineered material.
            (b)  The labeling requirement of paragraph (a) of this
       subsection (5) does not apply to the following:
            (I)  Food that contains less than one percent genetically
       engineered material;
            (II)  Chewing gum;
            (III)  Alcoholic beverages;
            (IV)  Food that a physician prescribes as medically
       necessary or supervises the consumption or enteric
       administration of:
            (V)  Food that is certified to be labeled, marketed, and
       offered as "organic" under the federal "Organic Food
       Production Act of 1990", 7 U.S.C. chapter 94;
            (VI)  Food that is served, sold, or otherwise provided in a
       restaurant or other facility that is primarily engaged in the
       sale or provision of food prepared and intended for immediate
       human consumption;
            (VII)  Processed food that is intended for immediate
       consumption and not packaged for retail sale; or
            (VIII)  A food product produced pursuant to the
       "Colorado Cottage Foods Act", section 25-4-1614.
            (c)  The department may promulgate rules concerning the
       administration and enforcement of this subsection (5), including
       rules that establish a testing methodology to determine the
       presence of genetically engineered material.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.