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Home My WebLink AboutCOM 0472.004 2008-2010 J YOSHIMOTO .r or M Phone: (808) 961-8272 Chair & Presiding Officer Fax: (808) 961-8912 Ll u Council District 3 r Email: jyoshimotoQco hawaii.hi.as Mailing Address:.;. Business Address: (Former County Building) o:333 KTlauea Ave., 2"' Fir. 25 Aupuni Street Ben Franklin Building Hilo, I-lawari 96720 HAWAII COUNTY COUNCIL Hilo, Hawai'i 96720 COUNTY OF HAWAII MEMORANDUM .1 _)r, cn TO: Members of the Hawaii County Council FROM: J Yoshimoto, Council Chair - =T.a DATE: September 3, 2009 r. Co SUBJECT: Resolution 220-09, Relating to the Labeling of Genetically Engineered Foods During discussions on Resolution 220-09 at the Environmental Management Committee meeting on September 1, 2009, Council Member Brenda Ford requested a copy of Alaska's Senate Bill 25, which requires all genetically engineered fish and shell fish to be conspicuously labeled, whether packaged or unpackaged. For everyone's convenience, attached is a copy of Senate Bill 25 that was signed into law as Chapter 26 SLA 05, effective August 17, 2005. JY/dwe Attachment Comm No.`-~----7-2_ - Hawaii County is an Equal Opportunity Provider and Employer Ref. TOiC.f• Ref. Date PJt 3 Zppq A, OF Tf,E LAWS OF ALASKA F 2005 ~IrdLA3 Source Chapter No. SB 25 AN ACT Relating to labeling and identification of genetically modified fish and fish products. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: THE ACT FOLLOWS ON PAGE I Enrolled SB 25 AN ACT 1 Relating to labeling and identification of genetically modified fish and fish products. 2 3 * Section 1. AS 17.20.040 is amended to read: 4 Sec. 17.20.040. Misbranded foods. (a) Food is misbranded if 5 (1) its labeling is false or misleading in any particular; 6 (2) it is offered for sale under the name of another food; 7 (3) it is an imitation of another food, unless its label bears, in type of 8 uniform size and prominence, the word "imitation" and, immediately thereafter, the 9 name of the food imitated; 10 (4) its container is made, formed, or filled so as to be misleading; 11 (5) it is in package form unless it bears a label containing (A) the name 12 and place of business of the manufacturer, packer, or distributor; and (B) an accurate 13 statement of the quantity of the contents in terms of weight, measure, or numerical -1- Enrolled SB 25 I count; however, under (B) of this paragraph, reasonable variations are permitted, and 2 exemptions for small packages shall be established by regulations prescribed by the 3 department; 4 (6) a word, statement, or other information required by or under 5 authority of this chapter to appear on the label or labeling is not prominently placed 6 with the conspicuousness (as compared with other words, statements, designs, or 7 devices, in the labeling) and in terms that make it likely to be read and understood by 8 the ordinary individual under customary conditions of purchase and use; 9 (7) it purports to be or is represented as a food for which a definition 10 and standard of identity has been prescribed by regulations as provided by 11 AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label 12 bears the name of the food specified in the definition and standard and the common 13 names of optional ingredients other than spices, flavoring, and coloring present in the 14 food as required by regulation; 15 (8) it purports to be or is represented as (A) a food for which a 16 standard of quality has been prescribed by regulations, and its quality falls below that 17 standard, unless its label bears, in the manner and form the regulations specify, a 18 statement that it falls below that standard; or (B) a food for which a standard of fill of 19 container has been prescribed by regulation as provided by AS 17.20.010 and it falls 20 below the applicable standard of fill of container, unless its label bears, in the manner 21 and form as the regulations specify, a statement that it falls below that standard; 22 (9) it is not subject to the provisions of (7) of this subsection, unless it 23 bears labeling clearly giving (A) the common or usual name of the food, if any, and 24 (B) in case it is fabricated from two or more ingredients, the common or usual name of 25 each ingredient; except that, however, spices, flavorings, and colorings, other than 26 those sold as such, may be designated as spices, flavorings, and colorings, without 27 naming each; however, to the extent that compliance with the requirements of (B) of 28 this paragraph is impracticable, or results in deception or unfair competition, 29 exemptions shall be established by regulations adopted by the department, but the 30 requirements of (B) of this paragraph do not apply to food products that are packaged 31 at the direction of purchasers at retail at the time of sale, the ingredients of which are Enrolled SB 25 -2- I disclosed to the purchasers by other means in accordance with regulations adopted by 2 the department; 3 (10) it purports to be or is represented for special dietary uses, unless 4 its label bears information concerning its vitamin, mineral, and other dietary properties 5 the commissioner determines to be, and by regulations prescribes as, necessary in 6 order fully to inform purchasers as to its value for those uses; 7 (I1) it bears or contains artificial flavoring, artificial coloring, or 8 chemical preservative, unless it bears labeling stating that fact; however, to the extent 9 that compliance with the requirements of this paragraph is impracticable, exemption 10 shall be established by regulations adopted by the department; 11 (12) the food is a farmed halibut, salmon, or sablefish product, unless 12 (A) the product is labeled to identify the product as farmed fish 13 raised outside the state, if the product is sold in a packaged form; or 14 (B) the product is conspicuously identified as farmed fish 15 raised outside the state, if the product is sold in an unpackaged form; 16 (13) the labeling, advertisement, or identification of the food is 17 inconsistent with the labeling, advertisement, or identification provisions of 18 AS 17.20.048 or 17.20.049; 19 (14) the food is a genetically modified fish or genetically modified 20 fish product unless 21 (A) the food is conspicuously labeled to identify the fish or 22 fish product as a genetically modified fish or fish product if the fish or fish 23 product is sold in a packaged form; or 24 (B) the food is conspicuously identified as a genetically 25 modified fish or fish product if the fish or fish product is sold in an 26 unpackaged form. 27 (b) In [(a)(12) OF] this section, 28 fD "farmed halibut, salmon, or sablefish product" means a food 29 product that contains halibut, salmon, or sablefish that is propagated, farmed, or 30 cultivated in a facility that grows, farms, or cultivates finfish in captivity or under 31 positive control but that is not a salmon hatchery that is owned by the state or that -3- Enrolled SB 25 I holds a salmon hatchery permit under AS 16.10.400; in this paragraph 2 [SUBSECTION], "positive control" has the meaning given in AS 16.40.199; 3 (2) "genetically modified fish" means 4 (A) a finfish or shellfish whose genetic structure has been 5 altered at the molecular level by means that are not possible under natural 6 conditions or processes, including recombinant DNA and RNA techniques 7 cell fusion, gene deletion or doubling, introduction of exogenous genetic 8 material, alteration of the position of a gene, or similar procedure; 9 (B) the proeeny of a finfish or shellfish described in (A) of 10 this paragraph; 11 (3) "genetically modified fish product" means a product prepared 12 from a genetically modified fish. Enrolled SB 25 -4- " Bill History/Action for 24th Legislature Page 1 of 2 Bill History/Action for 24th Legislature BILL: SB 25 SHORT FYFLE: GENETICALLY MODIFIED FISIPFISH RILL VERSION: PRODUCTS CURRENT STATUS: CHAPTER 26 SEA 05 STATUS DATE: 05/19/05 SPONSOR(s): SENATOR(S) ELTON, STFVFNS G, Fllis, French. Dyson REPRESFN'I'A'I-IVE(S)Kerttula, Wilson '1*1 LLE: "An Act relating to labeling and identification of genetically modified fish and fish products," Bill Number: Search Bills Next Bill Full Text Fiscal. Notes Minutes Display Committee Action with Bill History Jrn-Dote Jrn-Page Action 01/11/050024 (S) PRLFILE RELEASED I2/30/04 (11/11/050024 (S) READ'FITH FIRST TIME - RFFERRALS 01111105 0024 (S) L&C. RFS 02/09/05 0252 (S) UC RP 'I I NR 4DP 02/09/050252 (S) NR. BIJNDI9 02/09/05 0252 (S) DP: ELI-IS, DAVIS, SLEKINS, S I EVENS B 02/09/05 0252 (S) FNL ZFRO(DEC) 02109105 025_2 (S) FN2: ZERO(LAW) 02/24/05 0386 (S) RES RPT 4DP 02/24105 0386 (S) DP: WAGONER, DYSON, S'FLDMAN, FLTON 0224/05 QjM (S) FNI: ZERO(DEC) 0224/050390 (S) FN2'. ZF,RO(LAW) 03/07/05 0508 (S) RULES TO CALENDAR 3/72005 03/07/05 0508 (S) READ'FIIL SECOND FINIE 03/07/050509 (S) ADVANCED "1'0 THIRD RHADINO UNAN CONSENT 03/07/050509 (S) RL'ADTHETFURD "FIMESB25 03i07105 0509 (S) PASSED Y 19 N- El 03/07/05 0517 (S) COSPONSOR(S): FRLNCFI, DYSON 03/07/05 0519 (S) TRANSMIT fED'f0 (11) 03/07/050519 (S) VERSION: SB 25 03/09/050505=5 (H)READTHEFIRS'I' LIME-REFERRALS 0-3/09/05 0555 (H) FSIL L&C, RFS 03/09/05 0575 (11) CROSS SPONSOR(S): KLI2'f'I'ULA, WILSON 03/17/05 0646 (H) FSH RPT 5DP 03/17/05 0646 (11) DP: ELKINS, KAPSNER, WILSON, LEDOUX, THOMAS 03/17/05 0647 (H) FN I: ZFRO(DFC) 03/17/05 0647 (H) FN2: ZF.RO(LAW) 04/05/05 0865 (Ii) L&C RPT 4DP 2NR - 04/05/050965 (11) DP: CRAWFORD, LEDOUX,Gt I FI-NBERG, ANDERSON, 04/05/05 0865 (II) NR. KO'I F, ROKEBERG - 04/05/05 0865 (ID FN I: ZFRO(DLC) 04/05/05 086.5 (11) FN2: ZF.RO(LAW) 04/12/050982 (H)RESRP'1'4DP2NRIAM 04112105 0982 (II) DP: SEA'iON, IILKINS, C12AWFORD, SAMULLS; http://www.legis.state.ak.usibasis/get bill.asp?session=24&bill=SB25 9/1/2009 Bill History/Action for 24th Legislature Page 2 of 2 04/12/05 0982. (11) NR: 01-SON, RAMRAS: 04/ 12/05 0982 (FL) AM: GATTO 04/12/05 0983 (H) FNI: ZERO(DEC) 04/12/050983 (II) PN2. ZERO(LAW) 05/02/0514.45„ (I)RULFS "FO I STSUPCALENDAR 52105 05/02/05 1445 (11) RFAD THE SECOND I IMF 05102105 1445 (11) ADVANCED' FO'FIIIRD READING UNAN CONSENT 05/02/051445 (11) READ THETHIRD TIMITSF25 05/02/05 1445 (11) PASSED Y32 A8 05/02/05.1446 (I) RE'IURN TO (S), TRANSMIT TO GOV NEXT' 05/02/05 1446 (11) VERSION. SF 25 05/13/051640 (S)838AM5/13/05TRANSMITTL^D"FO GOVERNOR 0721/051708 (S) SIGNED INTO LAW 5/19CIIAP'IER26 SI.A 05 05/21/051708 (S) LI I' I.CIIVE DA'FE(S)OF I.AW 8/17/05 Similar Su ICCt Match or Exact Subicccl Match WNSUMER AF FAIRS DISCLOSURE. FISH & GAMF (FISH) FOOD Bill Number: Display Bill Next Bill Return to. Basis Main Menu (24th Leglstature) http://www.legis.state.ak.us/basis/get_bill.asp?session=24&bill=SB25 9/l/2009