Sec. 2. 22 MRSA §2152, sub-§§9 to 12 are enacted to read:

9.__Manufacturer.__"Manufacturer" means a person who owns, leases, operates or controls a plant, farm or other facility at which food for human consumption is produced or packaged.

10.__Packaged food.__"Packaged food" means any food encased in a glass, plastic, metal, cardboard or paper container.

11.__Retailer.__"Retailer" means a person who owns, leases, operates or controls a retail food establishment.

12.__Unpackaged food.__"Unpackaged food" means any food offered for consumption without any packaging or container.

Sec. 3. 22 MRSA §2157, sub-§§15 to 17 are enacted to read:

15.__Sale by manufacturer, distributor or retailer of genetically engineered food.__If a manufacturer, distributor or retailer knowingly sells or offers for sale a packaged food that contains a genetically engineered food or food product, unless the package in which that food or food product is offered for sale conspicuously bears a label or stamp marked with the words "Produced with Genetically Engineered Ingredients" in type equal to an immediately preceding product ingredient labeling.

16.__Sale by manufacturer or distributor of genetically engineered unpackaged food.__If a manufacturer or distributor knowingly sells or offers for sale an unpackaged food that contains genetically engineered food to a retailer, unless the retailer is provided with clear documentation in at least 8-point type on the invoice accompanying the unpackaged food or on an accompanying document that identifies each applicable unpackaged food with the words "Produced with Genetically Engineered Ingredients."

17.__Sale by retailer of genetically engineered unpackaged food.__If a retailer knowingly sells or offers for sale an unpackaged food that contains genetically engineered food, unless a conspicuous label or sign including the words "Produced with Genetically Engineered Ingredients" is placed on the unpackaged food, immediately next to the food or in an open manner where the food or food product is obtained.__For the purposes of this subchapter, possession of documentation on an invoice or

accompanying document from the manufacturer or distributor constitutes constructive notice to a retailer.

Sec. 4. 22 MRSA §2166, as amended by PL 1991, c. 230, §2, is further amended by adding at the end 2 new paragraphs to read:

A retailer is not subject to the penalties for a violation of section 2157 for offering for sale or selling an unpackaged food that contains genetically engineered food in the absence of constructive notice from a distributor or manufacturer.__A retailer is not subject to the penalties for a violation of section 2157 for offering for sale or selling a packaged food that contains genetically engineered food that was not correctly labeled by the manufacturer or distributor.

A manufacturer is not subject to the penalties for a violation of section 2157 if that person is an agricultural producer and the violation occurs because the food that is grown, raised or otherwise produced by that producer and is not produced with a genetically engineered ingredient or genetically engineered input is contaminated with a food that contains a genetically engineered ingredient or genetically engineered input and the contamination, including contamination by mingling the food produced by that producer with a food that contains a genetically engineered ingredient or genetically engineered input and cross- pollination, is not intended by the agricultural producer.__This defense does not apply to an agricultural producer to the extent that the contamination occurs as a result of negligence of the producer.

Sec. 5. Effective date. This Act takes effect October 1, 2002.

SUMMARY

This bill requires labeling of all genetically engineered foods offered for sale or sold in the State.