Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 4828

   
 

*HB0530004828HDO*

Offered by:

 

REP. URBAN, 43rd Dist.

SEN. BARTOLOMEO, 13th Dist.

REP. HAMPTON, 16th Dist.

 

To: Subst. House Bill No. 5300

File No. 179

Cal. No. 144

"AN ACT CONCERNING CHILDREN'S FOOD AND GENETIC ENGINEERING. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"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; and

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

(b) Notwithstanding the provisions of section 21a-92c of the general statutes, on and after July 1, 2017, any infant formula or baby 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 or baby 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 or baby food shall not be considered misbranded if it (1) was produced by a person who (A) was without knowledge that such infant formula or baby 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 or baby 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, within available appropriations, enforce the provisions of this section and may, in the enforcement of such provisions, 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 or baby 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