HLS 14RS-843 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 829
BY REPRESENTATIVE WOODRUFF
AGRICULTURE: Requires disclosure and labeling on all food products derived from
genetically engineered agricultural products
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 genetically engineered food; to3
provide for definitions; to require disclosure of any product derived from a4
genetically engineered agricultural product; 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) "Department" means the Department of Health and Hospitals.18
(2) "Food" means any food product or article of food that is consumable by19
a human. The term also includes any item or substance that is intended for use as a20
food ingredient.21 HLS 14RS-843 ORIGINAL
HB NO. 829
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are additions.
(3) "Genetic engineering" means the process of producing an organism in1
which genetic material has been changed through the application of any of the2
following:3
(a) An in vitro nucleic acid technique, which includes but is not limited to4
recombinant deoxyribonucleic acid, direct injection of nucleic acid into cells or5
organelles, encapsulation, gene deletion, and doubling.6
(b) A method of fusing cells beyond the taxonomic family that overcomes7
natural physiological reproductive or recombinant barriers, and that does not utilize8
techniques used in traditional breeding and selection such as conjugation,9
transduction, or hybridization.10
(4) "Genetically modified food product" means a food that is composed of11
more than one percent of genetically modified material.12
(5) "Genetically modified material" means any substance that has been13
produced, enhanced, or otherwise modified through the use of genetic engineering.14
§662. Products made with genetically engineered ingredients; disclosure required15
A. Any person who manufactures, processes, or prepares food intended for16
human consumption in this state that is a genetically modified food product or17
contains any genetically engineered ingredient shall provide a statement on the label18
or packaging on the food, or by a sign if the food is not packaged, that the food is19
"produced with genetic engineering" or "partially produced with genetic20
engineering".21
B. The lettering of the statement on the label, packaging, or sign required by22
this Section shall be displayed in a conspicuous and easily legible boldface print or23
type that is in clear contrast to other matter on the label, packaging, or sign.24
§663. Recordkeeping requirements25
A. Any person who sells or offers for sale a food intended for human26
consumption in this state that is a genetically modified food product or contains any27
genetically engineered ingredient shall maintain a record of each purchase from a28
producer, distributor, manufacturer, processor, or packer.29 HLS 14RS-843 ORIGINAL
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B.(1) The record required by Subsection A of this Section shall include a bill1
of sale and any documents regarding the origin of the food that is a genetically2
modified food product or contains any genetically engineered ingredient.3
(2) The record required by Subsection A of this Section shall be kept for a4
period of two years after the date of sale of the food.5
(3) The record required by Subsection A of this Section shall be made6
available to the department for inspection on request of the department.7
§664. Exemption8
The provisions of this Part shall not apply to any food that is served, sold, or9
otherwise provided in any restaurant or other food service establishment that is10
primarily engaged in the sale of food prepared and intended for immediate human11
consumption.12
§665. Violations13
Any person violating the provisions of this Part shall be guilty of a14
misdemeanor and upon conviction shall be fined not less than fifty dollars nor more15
than five hundred dollars and each such violation shall constitute a separate offense.16
§666. Rules and regulations17
The Department of Health and Hospitals may promulgate, in accordance with18
the Administrative Procedure Act, any rules and regulations necessary for the19
administration of this Part.20
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. 829
Abstract: Requires disclosure of any food product derived from a genetically engineered
agricultural product.
Proposed law defines "department" as the Dept. of Health and Hospitals (DHH).
Proposed law defines "food" as any food product or article of food that is consumable by a
human. The term also includes any item or substance that is intended for use as a food
ingredient. HLS 14RS-843 ORIGINAL
HB NO. 829
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law defines "genetic engineering" as the process of producing an organism in
which genetic material has been changed through the application of any of the following:
(1)An in vitro nucleic acid technique, which includes but is not limited to recombinant
deoxyribonucleic acid, direct injection of nucleic acid into cells or organelles,
encapsulation, gene deletion, and doubling.
(2)A method of fusing cells beyond the taxonomic family that overcomes natural
physiological reproductive or recombinant barriers, and that does not utilize
techniques used in traditional breeding and selection such as conjugation,
transduction, or hybridization.
Proposed law defines "genetically modified food product" as a food that is composed of
more than 1% of genetically modified material.
Proposed law defines "genetically modified material" as any substance that has been
produced, enhanced, or otherwise modified through the use of genetic engineering.
Proposed law requires any person who manufactures, processes, or prepares food intended
for human consumption in this state that is a genetically modified food product or contains
any genetically engineered ingredient to provide a statement on the label or packaging on
the food, or by a sign if the food is not packaged, that the food is "produced with genetic
engineering" or "partially produced with genetic engineering".
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 who sells or offers for sale a food intended for human
consumption in this state that is a genetically modified food product or contains any
genetically engineered ingredient 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 is a genetically modified food product or contains any genetically
engineered ingredient, 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.
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)