Connecticut Seal

General Assembly

 

Substitute Bill No. 5300

    February Session, 2016

 

*_____HB05300KID___030816____*

AN ACT CONCERNING CHILDREN'S FOOD AND GENETIC ENGINEERING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "Infant formula" has the same meaning as provided in section 21a-92 of the general statutes;

(2) "Baby food" means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and is commercially available;

(3) "Children's food" means any food or beverage that is intended for consumption by children eleven years of age or younger and is commercially available including, but not limited to, breakfast cereal, snack food, candy, dairy products, baked goods, carbonated beverages, fruit juice and noncarbonated beverages, prepared foods and meals, and frozen and chilled desserts;

(4) "Genetic engineering" has the same meaning as provided in section 21a-92b of the general statutes;

(5) "Snack food" includes, but is not limited to, potato chips, tortilla chips, corn chips, pretzels, nuts, popcorn, snack bars, granola bars, breakfast bars, cereal bars, crackers, cookies, processed fruit snacks, gelatin and pudding;

(6) "Candy" includes, but is not limited to, chocolate, candy bars, hard candy and chewy candy, including, but not limited to, licorice, gummi candy, jelly beans and sour candy, but does not include gum and breath mints;

(7) "Dairy products" includes, but is not limited to, milk, flavored milk drinks, yogurt, yogurt drinks and cheese, but does not include butter, eggs, cream, cottage cheese and sour cream;

(8) "Baked goods" includes, but is not limited to, snack cakes, pastries, doughnuts, bread, rolls, bagels, breadsticks, buns, croissants, taco shells and tortillas and toaster baked goods, including, but not limited to, frozen waffles, French toast sticks and toaster pastries;

(9) "Carbonated beverages" includes, but is not limited to, all nonalcoholic carbonated beverages, both diet and regular;

(10) "Fruit juice and noncarbonated beverages" includes, but is not limited to, fruit juice, juice drinks, fruit-flavored drinks, vegetable juice, tea drinks, energy drinks, sports drinks, cocoa, bottled water, ready-to-pour beverages and beverages sold in concentrated or powdered form, but does not include any form of coffee or loose leaf or bagged tea;

(11) "Prepared foods and meals" includes, but is not limited to, frozen and chilled entrees, frozen pizzas, canned soups and pasta, lunch kits and nonfrozen packaged entrees; and

(12) "Frozen and chilled desserts" includes, but is not limited to, ice cream, sherbet, sorbet, popsicles and other frozen novelties, frozen yogurt and frozen baked goods, including, but not limited to, frozen pies and cakes.

(b) Notwithstanding the provisions of section 21a-92c of the general statutes, on and after July 1, 2017, any infant formula, baby food or children's food that is partially or entirely produced with genetic engineering and is offered or intended for retail sale in this state shall include labeling that states in a clear and conspicuous manner "produced with genetic engineering". Such labeling shall be in the same size and font as the ingredients in the nutritional facts panel on the food label.

(c) Infant formula, baby food or children's food that is produced partially or entirely with genetically engineered materials that does not include labeling that states in a clear and conspicuous manner "produced with genetic engineering" as required under subsection (b) of this section shall be deemed misbranded pursuant to section 21a-102 of the general statutes, except that such infant formula, baby food or children's food shall not be considered misbranded if it (1) was produced by a person who (A) was without knowledge that such infant formula, baby food or children's food was created with materials that were partially or entirely produced with genetic engineering, and (B) obtains a sworn statement from the party that sold or otherwise provided such materials to such person that such materials have not been knowingly genetically engineered and have not been knowingly commingled with any genetically engineered materials; and (2) prior to July 1, 2021, is subject to the labeling requirement of subsection (b) of this section solely because it includes one or more materials produced with genetic engineering that, in the aggregate, accounts for nine-tenths of one per cent or less of the total weight of the infant formula, baby food or children's food.

(d) The Department of Consumer Protection, after consultation with the Departments of Agriculture, Energy and Environmental Protection and Public Health, shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement and enforce this section.

(e) The Commissioner of Consumer Protection may impose a civil penalty of not more than five thousand dollars for each violation of this section. The Attorney General, upon request of the commissioner, may bring an action in the superior court in the judicial district of Hartford to collect such civil penalty and for any injunctive or equitable relief. In any action brought by the Attorney General to enforce the provisions of this section, the state shall be entitled to recover, when it is the prevailing party, the costs of investigation, expert witness fees, costs of the action and reasonable attorneys' fees.

(f) A distributor or retailer that sells or offers for sale infant formula, baby food or children's food that fails to conform to the labeling requirements set forth in subsection (b) of this section shall not be liable for damages in any civil proceeding brought to enforce the provisions of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Statement of Legislative Commissioners:

The title was changed for clarity and consistency and subsection (c) was rewritten for consistency with subsection (b).

KID

Joint Favorable Subst. -LCO