96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0985


 
Introduced 2/10/2009, by Rep. Deborah Mell
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Genetically Engineered Food Right To Know Act. Provides that all foods containing genetically engineered material or produced with genetically engineered material must be clearly marked with a label placed in a conspicuous place that indicates that the food contains genetically engineered material or was produced with a genetically engineered material.  Provides the specific language to be included on the label.  Provides that the Department of Public Health may create rules necessary for the implementation of the Act.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0985

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    AN ACT concerning public health.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 1. Short title. This Act may be cited as the 
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Genetically Engineered Food Right To Know Act.
 
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    Section 5. Findings. The General Assembly finds all of the 
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following:
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        (1) Consumers wish to know whether the food they 
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    purchase and consume contains or is produced with a 
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    genetically engineered material for a variety of reasons, 
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    including the potential transfer of allergens into food and 
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    other health risks, concerns about potential environmental 
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    risks associated with the genetic engineering of crops, and 
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    religiously and ethically based dietary restrictions.
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        (2) Consumers have a right to know whether the food 
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    they purchase contains or was produced with genetically 
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    engineered material.
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        (3) Labels voluntarily placed on foods are 
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    insufficient to provide consumers with adequate 
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    information concerning whether or not all of the food they 
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    purchase contains or was produced with genetically 
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    engineered material.
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        (4) Mandatory labeling provides a critical scientific 
 


 






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    method necessary for the continual post market 
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    surveillance to study long-term health impacts and 
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    enforcement of food safety laws preventing adulterated 
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    foods from reaching consumers.
 
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    Section 10. Definitions. In this Act:
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    "Food" includes an animal grown to become food for human 
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consumption, a food product, a food ingredient, a dietary 
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supplement, or a beverage.  "Food" does not include a raw 
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agricultural commodity.
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    "Genetically engineered material" means material derived 
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from any part of a genetically engineered organism, without 
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regard to whether the altered molecular or cellular 
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characteristics of the organism are detectable in the material.  
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    "Genetically engineered organism" means: 
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        (1) an organism that has been altered at the molecular 
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    or cellular level by means that are not possible under 
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    natural conditions or processes, including, but not 
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    limited to, recombinant DNA and RNA techniques, cell 
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    fusion, microencapsulation, macroencapsulation, gene 
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    deletion and doubling, introducing a foreign gene, and 
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    changing the positions of genes, other than a means 
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    consisting exclusively of breeding, conjugation, 
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    fermentation, hybridization, in vitro fertilization, 
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    tissue culture, or mutagenesis; and
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        (2) an organism made through sexual or asexual 
 


 






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    reproduction or both involving an organism described in 
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    paragraph (1) of this Section if it possesses any of the 
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    altered molecular or cellular characteristics of the 
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    organism.
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    "Label" means a display of written, printed, or graphic 
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matter upon an article or the immediate container, not 
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including a package liner, of an article.
 
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    Section 15. Label required. 
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    (a) All foods containing genetically engineered material 
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or produced with genetically engineered material must be 
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clearly marked with a label placed in a conspicuous place that 
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indicates that the food contains genetically engineered 
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material or was produced with a genetically engineered 
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material. The label must contain the following language:
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    "This product contains a genetically engineered material 
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    or was produced with a genetically engineered material.".
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    (b) For purposes of this Section, a food is considered to 
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have been produced with a genetically engineered material if:
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         (1) the organism from which the food is derived has 
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    been injected or otherwise treated with a genetically 
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    engineered material, except that the use of manure as 
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    fertilizer for raw agricultural commodities may not be 
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    construed to mean that such commodities are produced with a 
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    genetically engineered material;
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        (2) the animal from which the food is derived has been 
 


 






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    fed genetically engineered material; or 
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        (3) the food contains an ingredient that has been 
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    subjected to treatment described in paragraph (1) or (2) of 
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    subsection (b) of this Section. 
 
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    Section 20. Rules. The Department of Public Health may 
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create rules necessary for the implementation of this Act.