Label GM foods in Massachusetts, Ballot Initiative
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Genetically Engineered Food Right to Know Act:
Definition: Genetically Modified Food, for the purposes of this act, is any organism that has been produced with introduction of foreign DNA or synthetic genes. Traditional plant and animal breeding is not considered GE.
All products containing genetically modified foods must be clearly labeled prior to sale in the Commonwealth of Massachusetts.
Specifically, (1) all eligible GE foods sold must
be properly labeled, (2) the state department of health and human services will regulate the
labeling of such foods, by conducting regular inspections, responding to consumer reports of violations and issuing fines to violators and (3) allows individuals to
sue food manufacturers who violate the measure’s labeling provisions.
Labeling of Foods. This measure requires that GE
foods sold at retail in the state be clearly labeled as
genetically engineered. Specifically, the measure
requires that raw foods (such as fruits and vegetables)
produced entirely or in part through genetic
engineering be labeled with the words “Genetically
Engineered” on the front package or label. If the
item is not separately packaged or does not have a
label, these words must appear on the shelf or bin
where the item is displayed for sale. The measure also
requires that processed foods produced entirely or in
part through genetic engineering be labeled with the
words “Partially Produced with Genetic Engineering”
or “May be Partially Produced with Genetic
Engineering.”
Retailers (such as grocery stores) would be
primarily responsible for complying with the
measure by ensuring that their food products are
correctly labeled. Products that are labeled as GE
would be in compliance. For each product that is not
labeled as GE, a retailer generally must be able to
document why that product is exempt from labeling.
There are two main ways in which a retailer could
document that a product is exempt: (1) by obtaining
a sworn statement from the provider of the product
(such as a wholesaler) indicating that the product has
not been intentionally or knowingly genetically
engineered or (2) by receiving independent
certification that the product does not contain GE
ingredients. Other entities throughout the food
supply chain (such as farmers and food
manufacturers) may also be responsible for
maintaining these records. The measure also excludes
certain food products from the above labeling
requirements. Animal products—
such as beef or chicken—that were not directly
produced through genetic engineering would also be
exempted, regardless of whether the animal had been
fed GE crops.
In addition, the measure prohibits the use of terms
such as “natural,” “naturally made,” “naturally
grown,” and “all natural” in the labeling and
advertising of GE foods. Given the way the measure
is written, there is a possibility that these restrictions
would be interpreted by the courts to apply to some
processed foods regardless of whether they are
genetically engineered.
State Regulation. The labeling requirements for
GE foods under this measure would be regulated by
Department of Health and Human Serives as part of its existing responsibility to regulate
the safety and labeling of foods. The measure allows
the department to adopt regulations that it
determines are necessary to carry out the measure.
For example, DPH would need to develop
regulations that describe the sampling procedures for
determining whether foods contain GE ingredients.
Litigation to Enforce the Measure. Violations of
the measure could be prosecuted by state, local, or
private parties. It allows the court to award these
parties all reasonable costs incurred in investigating
and prosecuting the action. In addition, the measure
specifies that consumers could sue for violations of
the measure’s requirements under the state
Consumer Legal Remedies Act (DOES MA have an equivalent?), which allows
consumers to sue without needing to demonstrate
that any specific damage occurred as a result of the
alleged violation.
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