An Act To Protect Maine Food Consumers' Right To Know about Genetically Engineered Food and Seed Stock
Maine Legislature, Session 126, LD 0718
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HARVELL, JOHNSON, CAIN, BEAR, BEAUDOIN, BEAULIEU, BECK, BENNETT, BERRY, BOLAND, BRIGGS, BROOKS, CAMPBELL, CAREY, CASAVANT, CHAPMAN, CHASE, CHIPMAN, COTTA, CRAFTS, DAUGHTRY, DAVIS, DICKERSON, DION, DOAK, DUNPHY, ESPLING, EVANGELOS, FARNSWORTH, FOWLE, GIDEON, GILBERT, GILLWAY, GOODE, GRAHAM, GRANT, GUERIN, HAMANN, HARLOW, HICKMAN, HOBBINS, HUBBELL, JONES, JORGENSEN, KENT, KESCHL, KINNEY, KNIGHT, KRUGER, KUMIEGA, KUSIAK, LAJOIE, LIBBY, LONGSTAFF, MAKER, MALABY, MASTRACCIO, MONAGHAN-DERRIG, MOONEN, MORIARTY, MORRISON, NADEAU, NELSON, NEWENDYKE, PARRY, PEAVEY HASKELL, PEOPLES, PETERSON, PLANTE, POULIOT, POWERS, RANKIN, REED, ROCHELO, RUSSELL, RYKERSON, SANBORN, SANDERSON, SCHNECK, SHAW, SHORT, SIROCKI, SOCTOMAH, STANLEY

Legislative Document 
No. 718 
H.P. 490 
House of Representatives, February 26, 2013 
An Act To Protect Maine Food Consumers' Right To Know about 
Genetically Engineered Food and Seed Stock 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HARVELL of Farmington. 
Cosponsored by Senator JOHNSON of Lincoln, Senator CAIN of Penobscot and 
Representatives: BEAR of the Houlton Band of Maliseet Indians, BEAUDOIN of Biddeford, BEAULIEU 
of Auburn, BECK of Waterville, BENNETT of Kennebunk, BERRY of Bowdoinham, BOLAND of 
Sanford, BRIGGS of Mexico, BROOKS of Winterport, CAMPBELL of Newfield, CAREY of Lewiston, 
CASAVANT of Biddeford, CHAPMAN of Brooksville, CHASE of Wells, CHIPMAN of Portland, 
COTTA of China, CRAFTS of Lisbon, DAUGHTRY of Brunswick, DAVIS of Sangerville, DeCHANT of 
Bath, DICKERSON of Rockland, DION of Portland, DOAK of Columbia Falls, DUNPHY of Embden, 
ESPLING of New Gloucester, EVANGELOS of Friendship, FARNSWORTH of Portland, FOWLE of 
Vassalboro, GIDEON of Freeport, GILBERT of Jay, GILLWAY of Searsport, GOODE of Bangor, 
GRAHAM of North Yarmouth, GRANT of Gardiner, GUERIN of Glenburn, HAMANN of South Portland, 
HARLOW of Portland, HICKMAN of Winthrop, HOBBINS of Saco, HUBBELL of Bar Harbor, 
JOHNSON of Greenville, JONES of Freedom, JORGENSEN of Portland, KENT of Woolwich, KESCHL 
of Belgrade, KINNEY of Limington, KNIGHT of Livermore Falls, KRUGER of Thomaston, KUMIEGA 
of Deer Isle, KUSIAK of Fairfield, LAJOIE of Lewiston, LIBBY of Lewiston, LONGSTAFF of Waterville, 
MacDONALD of Old Orchard Beach, MacDONALD of Boothbay, MAKER of Calais, MALABY of 
Hancock, MASTRACCIO of Sanford, McCABE of Skowhegan, McCLELLAN of Raymond, McGOWAN 
of York, McLEAN of Gorham, MONAGHAN-DERRIG of Cape Elizabeth, MOONEN of Portland, 
MORIARTY of Cumberland, MORRISON of South Portland, NADEAU of Winslow, NELSON of 
Falmouth, NEWENDYKE of Litchfield, PARRY of Arundel, PEAVEY HASKELL of Milford, PEOPLES 
of Westbrook, PETERSON of Rumford, PLANTE of Berwick, POULIOT of Augusta, POWERS of Naples, 
RANKIN of Hiram, REED of Carmel, ROCHELO of Biddeford, RUSSELL of Portland, RYKERSON of 
Kittery, SANBORN of Gorham, SANDERSON of Chelsea, SCHNECK of Bangor, SHAW of Standish, 
SHORT of Pittsfield, SIROCKI of Scarborough, SOCTOMAH of the Passamaquoddy Tribe, STANLEY of 
Medway, STUCKEY of Portland, TIPPING-SPITZ of Orono, TREAT of Hallowell, TURNER of 
Burlington, TYLER of Windham, VILLA of Harrison, VOLK of Scarborough, WALLACE of Dexter, 
WEAVER of York, WELSH of Rockport, WERTS of Auburn, WILSON of Augusta, WINCHENBACH of 
Waldoboro, Senators: President ALFOND of Cumberland, BOYLE of Cumberland, COLLINS of York, 
CRAVEN of Androscoggin, DUTREMBLE of York, GERZOFSKY of Cumberland, GRATWICK of 
Penobscot, HAMPER of Oxford, HASKELL of Cumberland, HILL of York, JACKSON of Aroostook, 
LACHOWICZ of Kennebec, LANGLEY of Hancock, MAZUREK of Knox, MILLETT of Cumberland, 
PATRICK of Oxford, PLUMMER of Cumberland, TUTTLE of York, WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA c. 565 is enacted to read: 
CHAPTER 565 
GENETICALLY ENGINEERED PRODUCTS 
§2591.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Commissioner.  "Commissioner" means the Commissioner of Agriculture, 
Conservation and Forestry. 
2.  Genetically engineered.  "Genetically engineered" has the same meaning as 
under Title 7, section 1051, subsection 2. 
3.  Medical food.  "Medical food" means food prescribed by a physician for 
treatment of a medical condition. 
§2592.  Disclosure requirements for genetically engineered food 
1.  Disclosure.  Beginning 18 months after the effective date of this section, any food 
or seed stock offered for retail sale that is genetically engineered must be accompanied by 
a conspicuous disclosure that states "Produced with Genetic Engineering."  The statement 
must be located on the package for all packaged food or seed stock or, in the case of 
unpackaged food or seed stock, on a card or label on the store shelf or bin in which the 
food or seed stock is displayed. 
2.  Use of term "natural."  A food or seed stock that is subject to disclosure under 
subsection 1 may not be described on the label or by similar identification as "natural." 
3.  Misbranding.  Any food or seed stock that is genetically engineered that does not 
display the disclosure required under subsection 1 or that is labeled or identified as 
natural in violation of subsection 2 is considered misbranded for the purposes of chapter 
551, subchapter 1 except that: 
A.  A food or seed stock is not considered misbranded if the food or seed stock is 
produced by a person who: 
(1)  Grows, raises or otherwise produces that food or seed stock without 
knowledge that the food or seed stock was created from other seed or other food 
that was genetically engineered; and 
(2)  Obtains a sworn statement from the person from whom the food or seed 
stock was obtained that the food or seed stock was not knowingly genetically 
engineered and was segregated from and not knowingly commingled with a food 
or seed stock component that may have been genetically engineered; 
B.  A food product derived from an animal is not considered misbranded if the animal 
was not genetically engineered but was fed genetically engineered feed; and 
C.  Until July 1, 2019, a packaged processed food is not considered misbranded if the 
total weight of the processed food that was genetically engineered is less than 0.9% 
of the total weight of the processed food. 
4.  Rules.  The commissioner may adopt routine technical rules under Title 5, chapter 
375, subchapter 2-A for the administration and enforcement of this chapter. 
§2593.  Third-party protection 
1.  Reliance on affidavit.  A distributor or retailer that sells or advertises food or 
seed stock that is genetically engineered that fails to make the disclosure required under 
section 2592, subsection 1 is not subject to liability in any civil action to enforce this 
chapter if the distributor or retailer relied on the affidavit under section 2595 provided by 
the producer or grower stating that the food or seed stock is not subject to the disclosure 
requirements under this chapter. 
2.  Restaurants.  Restaurants are exempt from the disclosure requirements of this 
chapter. 
3.  Exempt products.  Alcoholic beverages and medical food are exempt from the 
disclosure requirements of this chapter. 
§2594.  Enforcement 
1.  Authority.  The commissioner shall enforce this chapter in the same manner as is 
authorized for enforcement of chapter 551, subchapter 1. 
2.  No private right.  There is no private right of action to enforce this chapter. 
3.  Penalty.  A person who violates this chapter commits a civil violation for which a 
fine may be assessed that may not exceed $1,000 per day per misbranded product per 
sales location. 
§2595.  Affidavit 
The commissioner shall develop an affidavit form that may be provided by a 
producer or grower of food or seed stock to distributors and retailers and that may be 
included in shipments of food or seed stock within the State certifying that the food or 
seed stock being sold or shipped is not subject to the disclosure requirements of this 
chapter. 
Sec. 2.  Contingent effective date; contingent repeal.  The Commissioner of 
Agriculture, Conservation and Forestry shall monitor legislative activities in other states 
and certify to the Secretary of State and the Revisor of Statutes when legislation 
substantially similar to this Act has been adopted in at least 5 other states or in a state or 
states with a population or combined population of at least 20,000,000.  Those sections of 
this Act that enact the Maine Revised Statutes, Title 22, chapter 565 take effect 30 days 
after the date of the commissioner's certification.  If no certification has been made by the 
commissioner pursuant to this section by January 1, 2023, this Act is repealed on that 
date. 
SUMMARY 
This bill requires disclosure of genetic engineering at the point of retail sale of food 
and seed stock and provides that food or seed stock for which the disclosure is not made 
is considered to be misbranded and subject to the sanctions for misbranding.  The bill 
provides that food or seed stock may not be labeled as natural if it has been genetically 
engineered.  The bill exempts products produced without knowledge that the products, or 
items used in their production, were genetically engineered; animal products derived from 
an animal that was not genetically engineered but was fed genetically engineered food; 
and products with only a minimum content produced by genetic engineering.  The bill 
also provides that the disclosure requirements do not apply to restaurants, alcoholic 
beverages or medical food.  The disclosure provisions are administered by the 
Department of Agriculture, Conservation and Forestry.