An Act To Amend Maine's Genetically Modified Food Products Labeling Law
Maine Legislature, Session 127, LD 0991
Committee Amendment CA_B_H597 (House)

COMMITTEE AMENDMENT :£ .. to H.P. 686, L.D. 991, Bill, "An Act To 
Amend Maine's Genetically Modified Food Products Labeling Law" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA c. 565-A is enacted to read: 
CHAPTER 565-A 
GENETICALLY ENGINEERED PRODUCTS 
§2599. Purpose 
It is the purpose of this chapter to: 
1. Public health and food safety. Promote food safety and protect public health by 
enabling consumers to avoid the potential risks associated with genetically engineered 
foods 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; 
2. 
Environmental impacts. 
Assist consumers who are concerned about the 
potential effects of genetic engineering on the environment to make informed purchasing 
decisions: 
3. Consumer confusion and inadvertent deception. Reduce and prevent consumer 
confusion and inadvertent deception and promote the disclosure of factual information on 
food labels to allow consumers to make informed decisions; 
4. Promote economic development. Create additional market opportunities for 
those producers who are not certified organic producers and whose products are not 
produced using genetic engineering and enable consumers to make informed purchasing 
decisions; and 
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5. Protect religious and cultural practices. Ensure consumers are provided with 
data from which they may make informed decisions for personal, religious, moral, 
cultural or ethical reasons. 
§2599-A. 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. Food. "Food" means food intended for human consumption. 
3. Genetically engineered. "Genetically engineered" has the same meaning as 
under Title 7, section 1051, subsection 2. 
4. 
Medical food. 
"Medical food" means food prescribed by a physician for 
treatment of a medical condition. 
§2599-B. Disclosure requirements for genetically engineered food 
1. Disclosure. Beginning 18 months after the effective date of this section, any food 
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, in the case of unpackaged food, 
on a card or label on the store shelf or bin in which the food is displayed. 
2. Use of term "natural." A food 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 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 pumoses of chapter 551, 
subchapter 1 except that: 
A. A food is not considered misbranded if the food is produced by a person who: 
(I) 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. 
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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. 
§2599-C. Third-party protection 
1. Reliance on affidavit. A distributor or retailer that sells or advertises food that is 
genetically engineered that fails to make the disclosure required under section 2599-B, 
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 2599-E provided by the 
producer or grower stating that the food is not subject to the disclosure requirements 
under this chapter. 
2. Eating establishments. Eating establishments 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. 
§2599-D. 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. 
§2599-E. Affidavit 
The commissioner shall develop an affidavit form that may be provided by a 
producer or grower of food to distributors and retailers and that may be included in 
shipments of food within the State certifying that the food being sold or shipped is not 
subject to the disclosure requirements of this chapter. 
Sec. 2. PL 2013, c. 436 is repealed. 
Sec. 3. Statutory referendum procedure; submission at election; form of 
question; effective date. This Act must be submitted to the legal voters of the State at 
a statewide election held in the month of November following passage of this Act. The 
municipal officers of this State shall notify the inhabitants of their respective cities, towns 
and plantations to meet, in the manner prescribed by law for holding a statewide election, 
to vote on the acceptance or rejection of this Act by voting on the following question: 
"Do you favor the mandatory labeling of genetically modified food 
products in Maine?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No." The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature. The Governor shall 
review the returns. If a majority of the legal votes are cast in favor of this Act, the 
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COMMITTEE AMENDMENT _:P>,, to H.P. 686, L.D. 991 
Governor shall proclaim the result without delay and this Act becomes effective 30 days 
after the date of the proclamation. 
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Act necessary to carry out the purposes of this 
referendum.' 
SUMMARY 
This amendment, which is the minority report, repeals the public law that enacted 
Maine's genetically modified food products labeling law, which only takes effect if 
mandatory labeling is adopted by at least 5 contiguous states, including Maine. This 
amendment instead enacts the labeling law contingent on approval by the voters in a 
referendum at the general election in November. 
FJSCALNOTE IIEQVIRII> 
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COMMITTEE AMENDMENT 
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Revised: 03/17 /16 
;rt.,:,ac. 
LD991 
LR 1698(03) 
An Act To Amend Maine's Genetically Modified Food Products Labeling Law 
Referendum Costs 
Fiscal Note for Bill as Amended by Committee Amendment :'.B ( \-\-5 Cj 7) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Contingent current biennium cost increase - General Fund 
Month/Year 
Election Type 
Question 
Nov-16 
General 
Referendum 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions requires production and delivery of a second 
ballot, an additional appropriation of $107,250 may be required. 
Fiscal Detail and Notes 
Under current law, PL 2013, c. 436 requires that if at least five contiguous states, including Maine, adopt l,egislation 
requiring mandatory labeling of genetically engineered food by January 1, 2018, then food offered for retail sale that 
is genetically engineered requires disclosure. This bill, instead, makes PL 2013, c. 436 contingent on approval by the 
voters at a statewide election in November 2016. If approved by the voters at a statewide election, the Department of 
Agriculture, Conservation and Forestry would require a General Fund appropriation of $83,798 in fiscal year 2016-17 
for one Consumer Protection Inspector position, one Office Associate II position and other related costs. 
LR1698(03) - Fiscal Note - Page 1 of I