THE SENATE

S.B. NO.

300

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RElating to disclosures for bioengineered food.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter    

BIOENGINEERED FOOD DISCLOSURE STANDARD

     §   -1  Definitions.  As used in this chapter:

     "Bioengineering" means a food:

     (1)  That contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid techniques; and

     (2)  For which the modification could not otherwise be obtained through conventional breeding or found in nature.

     "Board" means the board of agriculture.

     "Chairperson" means the chairperson of the board of agriculture.

     "Food" shall have the same meaning as that term is defined in section 201 of the federal Food, Drug, and Cosmetic Act, title 21 United States Code section 321, that is intended for human consumption.

     "National Bioengineered Food Disclosure Standard" means the federal National Bioengineered Food Disclosure Standard, Public Law No. 114-216, approved July 29, 2016, and any amendments thereto.

     §   -2  Establishment of a bioengineered food disclosure standard.  The chairperson of the board shall develop and implement a bioengineered food disclosure standard, in a manner identical with regulations adopted pursuant to the National Bioengineered Food Disclosure Standard.

     §   -3  Disclosure standard; requirements.  (a) The disclosure standard developed by the chairperson shall permit a food to bear a disclosure that the food is bioengineered, in accordance with regulations adopted pursuant to the National Bioengineered Food Disclosure Standard.

     (b)  The form of a food disclosure developed by the chairperson shall be a text, symbol, or electronic or digital link, but excluding internet website uniform resource locators not embedded in the link, with the disclosure option to be selected by the food manufacturer.

     (c)  The chairperson shall develop and provide alternative reasonable disclosure options for food contained in small or very small packages, in accordance with regulations adopted pursuant to the National Bioengineered Food Disclosure Standard.

     (d)  Small food manufacturers may select on-package disclosure options, in addition to the options under subsection (b), that consist of:

     (1)  A telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; and

     (2)  An internet website maintained by the small food manufacturer in a manner consistent with subsection (b), as appropriate.

     (e)  The disclosure developed by the chairperson pursuant to subsection (b) shall meet the following requirements:

     (1)  On-package language shall accompany:

         (A)  An electronic or digital link, which shall indicate that the electronic or digital link will provide access to an internet website or other landing page and shall contain the following phrase:  "Scan here for more food information." or equivalent language that only reflects technological changes; or

         (B)  A telephone number, which shall indicate that the telephone number will provide access to additional information and shall contain the following phrase:  "Call for more food information.";

     (2)  The electronic or digital link shall provide access to the bioengineering disclosure located, in a consistent and conspicuous manner, on the first product information page that appears for the product on a mobile device, internet website, or other landing page, which shall exclude marketing and promotional information;

     (3)  The electronic or digital link disclosure may not collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers; provided that if this information is required to be collected to carry out the requirements of the National Bioengineered Food Disclosure Standard, that information shall be deleted immediately and shall not be used for any other purpose;

     (4)  The electronic or digital link disclosure shall also include a telephone number that provides access to the bioengineering disclosure; and

     (5)  The electronic or digital link disclosure shall be of sufficient size to be easily and effectively scanned or read by a digital device.

     (f)  The disclosure requirements of this section shall not apply to:

     (1)  Food served in a restaurant or similar retail food establishment; and

     (2)  Very small food manufacturers."

     SECTION 2.  This Act shall take effect on January 1, 2018.

 

INTRODUCED BY:

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Report Title:

Bioengineered Food; Genetically Modified Food; Disclosure Standards; Board of Agriculture

 

Description:

Requires the chairperson of the board of agriculture to develop and implement a bioengineered food disclosure standard, in a manner identical with regulations adopted pursuant to the federal National Bioengineered Food Disclosure Standard, P.L. No. 114-216.  Specifies options for disclosure.  Effective 01/01/2018.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.