CHAPTER 334
S.P. 569 - L.D. 1733
An Act to Prohibit the Misbranding of Genetically Engineered Food
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA c. 101, sub-c. VII is enacted to read:
SUBCHAPTER VII
LABELING FOODS FREE OF GENETIC ENGINEERING
1. Labeling permitted; rules. Beginning January 1, 2002, a label may be placed on any food, food product or food ingredient offered for sale in the State designating that food, food product or food ingredient as free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering. The department shall adopt rules implementing this subsection. The rules must allow any food 1% or less of which consists of genetically engineered ingredients to be labeled as free of genetically engineered ingredients. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
2. Department verification. The department may investigate a business operation that claims a food, food product or food ingredient sold in the State by the business operation is free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering for the purposes of verifying the claim.
3. Misbranding. If a manufacturer, distributor, processor, wholesaler or retailer falsely labels or advertises any food, food product or food ingredient offered for sale in the State as free of or made without recombinant deoxyribonucleic acid technology, genetic engineering or bioengineering, the food, food product or food ingredient is misbranded in violation of section 488.
Sec. 2. Rules. In adopting rules implementing the Maine Revised Statutes, Title 7, section 530-A, subsection 1, the Department of Agriculture, Food and Rural Resources shall base its proposed rule on the United States Food and Drug Administration "Draft Guidance for Industry: Voluntary Labeling Indicating Whether Foods Have or Have Not Been Developed Using Bioengineering," set forth in the Federal Register on January 18, 2001, Vol. 66, No. 12, pages 4839-4842.
Effective September 21, 2001, unless otherwise indicated.
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