Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0594.01 Jennifer Berman x3286HOUSE BILL 14-1058
                    HOUSE SPONSORSHIP
 Labuda, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Health, Insurance & Environment
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning voluntary labeling for food that does not
            contain genetically engineered material.
       
       
                           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 permits a person who
       sells, distributes, or offers for sale food in Colorado to label the food as
       not containing genetically engineered material if:
                 The food contains less than one percent genetically
                 engineered material; and
                 The person submits an affidavit to the department of public
                 health and environment affirming that to the best of the
                 person's knowledge the food contains less than one percent
                 genetically engineered material, or, if the food is a raw
                 agricultural commodity, the food was not grown, raised, or
                 produced through genetic engineering and was segregated
                 from goods that may have been genetically engineered.
            A person who falsely labels food sold, distributed, or offered for
       sale in Colorado as not containing genetically engineered material
       violates the prohibition against misbranding food.
       
       
       
       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" or "genetic engineering"
       means the alteration of organisms and biological materials 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 the
       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, add 25-5-419.5 as
       follows:
            25-5-419.5.  Voluntary labeling for food that does not contain
       genetically engineered material - rules. (1) (a)  A person may affix a
       label to food sold, distributed, or offered for sale in Colorado
       indicating that the food does not contain genetically
       engineered material if:
            (I)  The food contains less than one percent genetically
       engineered material; and
            (II)  The person submits to the department an affidavit
       affirming that, to the best of the person's knowledge:
            (A)  The food contains less than one percent genetically
       engineered material; or
            (B)  If the food is a raw agricultural commodity, that the
       food was not grown, raised, or produced through the use of
       genetic engineering and was segregated from goods that might
       have been genetically engineered.
            (b)  A label authorized by paragraph (a) of this subsection
       (1) must state:
            THIS PRODUCT DOES NOT CONTAIN
            GENETICALLY ENGINEERED MATERIAL.
            (2)  A person who falsely labels food sold, distributed, or
       offered for sale in Colorado as not containing genetically
       engineered material misbrands the food, as described in section
       25-5-411 (1) (a), in violation of section 25-5-403 (1) (b).
            (3)  The department may promulgate rules concerning the
       administration and enforcement of this section, 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.