An Act To Require Labeling of All Genetically Modified Products
Maine Legislature, Session 127, LD 1326
Committee: Agriculture, Conservation and Forestry
Sponsors: BURNS, COLLINS, SAVIELLO
Amends: 22 MRSA §2591, 22 MRSA §2592, 22 MRSA §2593, 22 MRSA §2594, 22 MRSA §2595, 22 MRSA §2596

Legislative Document 
No. 1326 
S.P. 478 
In Senate, April 14, 2015 
An Act To Require Labeling of All Genetically Modified Products 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BURNS of Washington.  (BY REQUEST) 
Cosponsored by Senators: COLLINS of York, SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2591, sub-§1, as enacted by PL 2013, c. 436, §1 and affected 
by §2, is amended to read: 
1.  Public health and safety.  Promote food safety and protect public health by 
enabling consumers to avoid the potential risks associated with genetically engineered 
foods products and serve as a risk management tool enabling consumers, physicians and 
scientists to identify unintended health effects resulting from the consumption of 
genetically engineered foods products; 
Sec. 2.  22 MRSA §2591, sub-§3, as enacted by PL 2013, c. 436, §1 and affected 
by §2, is amended to read: 
3.  Consumer confusion and inadvertent deception.  Reduce and prevent consumer 
confusion and inadvertent deception and promote the disclosure of factual information on 
food product labels to allow consumers to make informed decisions; 
Sec. 3.  22 MRSA §2592, sub-§4, as enacted by PL 2013, c. 436, §1 and affected 
by §2, is repealed. 
Sec. 4.  22 MRSA §2592, sub-§5 is enacted to read: 
5.  Genetically modified product.  "Genetically modified product" means food 
containing genetically engineered material, genetically engineered seed stock, any 
product made from animals fed genetically engineered food, medicine manufactured 
using genetically engineered plant or animal material or any other product containing 
genetically engineered materials. 
Sec. 5.  22 MRSA §2593, sub-§1, as enacted by PL 2013, c. 436, §1 and affected 
by §2, is amended to read: 
1.  Disclosure requirements for genetically modified products.  Beginning 18 
months after the effective date of this section January 1, 2017, any food genetically 
modified product offered for retail sale that is genetically engineered must be 
accompanied by a conspicuous disclosure that states "Produced with Genetic 
Engineering." "Genetically Modified Product" and includes a list of genetically 
engineered materials used in its manufacture.  The statement and list of genetically 
engineered materials must be located on the package for all packaged food of any 
packaged genetically modified product or, in the case of an unpackaged food genetically 
modified product, on a card or label on the store shelf or bin in which the food product is 
displayed. 
Sec. 6.  22 MRSA §2593, sub-§3, as enacted by PL 2013, c. 436, §1 and affected 
by §2, is amended to read: 
3.  Misbranding.  Any food that is genetically engineered genetically modified 
product 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 is not considered misbranded if the food is produced by a person who: 
(1)  Grows, raises or otherwise produces that food without knowledge that the 
food 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 was 
obtained that the food was not knowingly genetically engineered and was 
segregated from and not knowingly commingled with a food 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.  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. 
Sec. 7.  22 MRSA §2594, as enacted by PL 2013, c. 436, §1 and affected by §2, is 
repealed. 
Sec. 8.  22 MRSA §2595, sub-§3, as enacted by PL 2013, c. 436, §1 and affected 
by §2, is amended to read: 
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 a Class E crime for the first offense, except that the term of imprisonment 
may not exceed 5 days, and a Class D crime for the 2nd and subsequent offenses, except 
that the term of imprisonment may not exceed 6 months. 
Sec. 9.  22 MRSA §2596, as enacted by PL 2013, c. 436, §1 and affected by §2, is 
repealed. 
Sec. 10.  PL 2013, c. 436, §2 is repealed. 
SUMMARY 
This bill defines "genetically modified product," which includes genetically 
engineered seed stock, products from animals fed genetically engineered food and 
medicines that were manufactured with genetically engineered plants or animals to the 
laws regarding the labeling of genetically engineered products.  It requires the disclosure 
of genetic engineering of food, seed stock, products from animals fed genetically 
engineered food or medicines that were manufactured with genetically engineered plants 
or animals beginning January 1, 2017.  It provides that food, seed stock, products from 
animals fed genetically engineered food and medicines for which the disclosure is not 
made are considered to be misbranded and subject to the sanctions for misbranding. The 
bill removes exemptions for 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 
removes the exemption from disclosure requirements as regards restaurants, alcoholic 
beverages or medical food. This bill increases the penalties for nondisclosure and 
misbranding to a Class E crime for the first offense and a Class D crime for the 2nd and 
subsequent offenses.  The bill repeals the contingent effective date established by Public 
Law 2013, chapter 436, section 2, subsection 1.