HLS 14RS-842 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 828 BY REPRESENTATIVE WOODRUFF AGRICULTURE/MEAT: Requires disclosure and labeling of food products derived from cloned animals AN ACT1 To enact Part I-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, to be2 comprised of R.S. 40:661 through 666, relative to cloned animal products; to provide3 for definitions; to require disclosure of any food product derived from a cloned4 animal or the progeny of a cloned animal; to require the disclosure statement to be5 conspicuous and easily legible to consumers; to provide for recordkeeping; to6 provide for the retention and inspection of records; to exempt food prepared in7 restaurants; to provide for penalties; to provide rulemaking authority; and to provide8 for related matters.9 Be it enacted by the Legislature of Louisiana:10 Section 1. Part I-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of11 1950, comprised of R.S. 40:661 through 666, is hereby enacted to read as follows: 12 PART I-B. FOOD MADE FROM CLONED 13 OR GENETICALLY ENGINEERED PRODUCTS14 §661. Definitions15 As used in this Part, the following terms have the meanings given to them16 except where the context expressly indicates otherwise:17 (1) "Cloned animal" means an animal that is created from a somatic cell18 nuclear transfer event.19 (2) "Department" means the Department of Health and Hospitals.20 HLS 14RS-842 ORIGINAL HB NO. 828 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) "Progeny of a cloned animal" means an animal derived from the sexual1 reproduction of a cloned animal with another cloned animal or an animal that is not2 cloned.3 §662. Products made from a cloned animal or its progeny; disclosure required4 A. Any person who manufactures, processes, or prepares food intended for5 human consumption in this state that contains any product from a cloned animal or6 the progeny of a cloned animal shall state on the label or packaging on the food, or7 by a sign if the food is not packaged, that the food contains product from a cloned8 animal or the progeny of a cloned animal.9 B. The lettering of the statement on the label, packaging, or sign required by10 this Section shall be displayed in a conspicuous and easily legible boldface print or11 type that is in clear contrast to other matter on the label, packaging, or sign.12 §663. Recordkeeping requirements13 A. Any person who sells or offers for sale a food intended for human14 consumption in this state that contains any product from a cloned animal or the15 progeny of a cloned animal shall maintain a record of each purchase from a16 producer, distributor, manufacturer, processor, or packer.17 B.(1) The record required by Subsection A of this Section shall include a bill18 of sale and any documents regarding the origin of the food that contains product19 from a cloned animal or the progeny of a cloned animal.20 (2) The record required by Subsection A of this Section shall be kept for a21 period of two years after the date of sale of the food.22 (3) The record required by Subsection A of this Section shall be made23 available to the department for inspection on request of the department.24 §664. Exemption25 The provisions of this Part shall not apply to any food that is served, sold, or26 otherwise provided in any restaurant or other food service establishment that is27 primarily engaged in the sale of food prepared and intended for immediate human28 consumption.29 HLS 14RS-842 ORIGINAL HB NO. 828 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §665. Violations1 Any person violating the provisions of this Part shall be guilty of a2 misdemeanor and upon conviction shall be fined not less than fifty dollars nor more3 than five hundred dollars and each such violation shall constitute a separate offense.4 §666. Rules and regulations5 The Department of Health and Hospitals may promulgate, in accordance with6 the Administrative Procedure Act, any rules and regulations necessary for the7 administration of this Part.8 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Woodruff HB No. 828 Abstract: Requires disclosure of any food product derived from a cloned animal or the progeny of a cloned animal. Proposed law defines "cloned animal" as an animal that is created from a somatic cell nuclear transfer event. Proposed law defines "department" as the Dept. of Health and Hospitals (DHH). Proposed law defines "progeny of a cloned animal" as an animal derived from the sexual reproduction of a cloned animal with another cloned animal or an animal that is not cloned. Proposed law requires any person that manufactures, processes, or prepares food intended for human consumption in this state that contains any product from a cloned animal or the progeny of a cloned animal to state on the label or packaging on the food, or by a sign if the food is not packaged, that the food contains product from a cloned animal or the progeny of a cloned animal. Proposed law requires the lettering of the statement on the label, packaging, or sign to be displayed in a conspicuous and easily legible boldface print or type that is in clear contrast to other matter on the label, packaging, or sign. Proposed law requires any person that sells or offers for sale a food intended for human consumption in this state that contains any product from a cloned animal or the progeny of a cloned animal to maintain a record of each purchase from a producer, distributor, manufacturer, processor, or packer. Proposed law requires the records to include a bill of sale and any documents regarding the origin of the food that contains product from a cloned animal or the progeny of a cloned animal, to be kept for a period of two years after the date of sale of the food, and to be made available to DHH for inspection on request of the department. HLS 14RS-842 ORIGINAL HB NO. 828 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. The provisions of proposed law shall not apply to any food that is served, sold, or otherwise provided in any restaurant or other food service establishment that is primarily engaged in the sale of food prepared and intended for immediate human consumption. Proposed law provides that any person violating the provisions of proposed law shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 nor more than $500 and each such violation shall constitute a separate offense. Proposed law authorizes DHH to promulgate any administrative rules and regulations necessary for the administration of proposed law. (Adds R.S. 40:661-666)