BILL NUMBER: AB 88 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Huffman
( Coauthors: Assembly Members
Allen, Ammiano, Chesbro, and
Monning )
JANUARY 6, 2011
An act to add Section 110756 to the Health and Safety Code,
relating to food labeling.
LEGISLATIVE COUNSEL'S DIGEST
AB 88, as amended, Huffman. Food labeling: genetically engineered
food.
The Sherman Food, Drug, and Cosmetic Law makes it unlawful to
manufacture, sell, deliver, hold, or offer for sale, any food that is
misbranded. Food is misbranded if its labeling does not conform to
specified federal labeling requirements regarding nutrition, nutrient
content or health claims, and food allergens. Violation of this law
is a misdemeanor.
This bill would state the intent of the Legislature to enact
legislation to require the labeling of all genetically engineered
salmon entering and sold within the state.
This bill would provide that food is misbranded if the food is a
genetically engineered fish or fish product, as defined, and its
labeling does not conspicuously identify the fish or fish product as
genetically engineered. This bill would make related findings. By
changing the definition of a crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Wild Pacific salmon are a critical natural and cultural
resource of California, and are under increasing environmental
stress. More than 106 major salmon runs in northern California and
the Pacific Northwest are extinct and another 214 runs of wild
salmon are at risk of extinction. An escaped genetically
engineered fish could pose additional environmental risk to
California's already stressed wild salmon populations and coastal
ecosystems. salmon are at risk of
extinction. Escaped genetically engineered fish could pose additional
environmental risks to California's already stressed wild fish
populations and coastal ecosystems by, among other things, imposing
new competitive pressures on these populations for food and space,
interfering with effective breeding and reproduction, and spreading
disease.
(b) The west coast salmon fishing industry, including both
commercial and recreational components, has lost an estimated 72,000
jobs over the last 20 years. In the face of market confusion, seafood
consumers may avoid purchasing salmon altogether to avoid
genetically engineered salmon which would further negatively impact
California's wild salmon fishermen.
(c) The Legislature, in recognizing the potential risk to wild
fish populations posed by the farming of genetically engineered fish,
banned these practices in the waters of the state in 2004.
(d) The United States Food and Drug Administration is currently
weighing approval of the first genetically engineered salmon for
human consumption and determining whether labeling of genetically
engineered salmon in the marketplace is warranted.
(e) The United States Food and Drug Administration's current
review of genetically engineered salmon does not adequately consider
the potential environmental effects and health effects associated
with genetically engineered salmon, including, but not limited to,
risks to native salmon populations and other freshwater and marine
species.
(f) Public opinion polls indicate that 95 percent of the public
want labeling of genetically modified foods and that nearly 50
percent of the public would not eat seafood that has been genetically
engineered.
(g) Concerns about genetically altered salmon
engineered fish include, but are not limited to, the
following:
(1) Human health risks, including, but not limited to, potential
allergenicity.
(2) Negative environmental impacts to our wildlife and ecosystems
including, but not limited to, negative impacts on freshwater and
marine habitats.
(3) Religious-, ethical-, and cultural-based dietary restrictions.
(h) Accurate and truthful labeling to describe whether or not
salmon is genetically engineered is the easiest and most protective
practice to provide additional transparency in the state's seafood
supply chain so that individuals may protect their health and
California's environment.
SEC. 2. It is the intent of the Legislature to enact legislation
to require the labeling of all genetically engineered salmon entering
and sold within the state.
SEC. 3. Section 110756 is added to the
Health and Safety Code , to read:
110756. (a) Any food is misbranded if the food is a genetically
engineered fish or fish product and its labeling does not
conspicuously identify the fish or fish product as genetically
engineered.
(b) For purposes of this section, "genetically engineered fish or
fish product" means any of the following:
(1) A salmon or other finfish whose genetic structure has been
altered at the molecular level by means that are not possible under
natural conditions or processes, including recombinant DNA and RNA
techniques, cell fusion, gene deletion or doubling, introduction of
exogenous genetic 08 material, alteration of the position of a gene,
or similar procedure.
(2) The progeny of a salmon or other finfish described in
paragraph (1).
(3) A product prepared from a salmon or other finfish described in
paragraph (1).
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.