Genetically Engineered Food Right-to-Know Initiative

Declaration of the People

Labeling of genetically engineered food and food additives shall be required in order to create and enforce the fundamental right of the people of Washington State to know if they are purchasing or consuming genetically-engineered food, and so that the people may exercise their right of choice in purchasing or consuming foods that have been altered through genetic engineering.

Definitions

(a) “Agricultural products” shall mean agricultural, horticultural, viticulture, or vegetable products grown or produced;
(b) “Food” shall mean any article used for food or drink for man or other animals, chewing gum, and articles used for components, including food additives, of any such article;
(c) “Food additive” shall mean any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including any source of radiation intended for any such use);
(d) “Genetically engineered” shall mean grown, manufactured, processed, or otherwise produced or altered with techniques that change the fundamental molecular or cell biology of an organism by means or in a manner not possible under natural conditions or processes, including but not limited to recombinant DNA techniques, cell fusion, micro- and macro encapsulation, gene deletion and doubling, introduction of a foreign gene, and changing of the positions of genes. “Genetically engineered” shall not include breeding, conjugation, fermentation, hybridization, in-vitro fertilization and tissue culture processes;
(e) “Label” shall mean a display of written, printed, or graphic matter upon or connected to the immediate container or surface of any article; and by or under the authority of this section, a requirement that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the bulk, wholesale, or retail package of such article, or is easily legible through the outside container or wrapper;
(f) “Labeling” shall mean all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying such article; and
(g) “Principal display panel” shall mean that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for bulk, wholesale, or retail sale.

Labeling

All foods in the following categories sold or distributed in or from Washington State shall bear a label, created by the Washington State Department of Agriculture, that is plainly visible on the principal display panel and contains the words, “Genetically Engineered”:
(a) All foods derived in whole or in part from any genetically engineered microorganisms, plants, or livestock, if that genetically engineered material accounts for more than one-tenth of one percent of the weight of the product;
(b) All food products prepared or processed using genetically engineered enzymes or other genetically engineered processing agents, whether those enzymes or agents are present in the final product or not;
(c) All foods derived from agricultural products cultivated using genetically engineered agricultural inputs, whether those agents are present in the final product or not;
(d) All dairy and meat products derived from livestock that have been fed genetically engineered feed or feed additives or ingredients, or derived from livestock that have been treated with genetically engineered hormones or drugs;
(e) All genetically engineered foods that are significantly altered in composition or nutritional value, or that require preparation steps different from their natural counterparts shall, in addition to being labeled “genetically engineered,” be label to specify those changes in properties;
(f) All genetically engineered foods resulting from trans-species gene transfers shall specify, in the label, the source of the transgene used and the purpose of the transfer; for instance, “This squash contains viral genetic information designed to make it resistant to viral infection.”; and
(g) All genetically engineered foods resulting from transfer of animal genes into plants shall be labeled to indicate this fact in a manner that will allow vegetarians and those with dietary religious restrictions to observe their dietary guidelines; for instance, “this tomato contains genetic material derived from the flounder, a fish of the family Bothidiae.”

Enforcement

By the effective date, the legislature shall prescribe, enact and enforce measures implementing this initiative.

Effective date

This new initiative shall become effective ninety (90) days after the approval of the voters of Washington State and shall supercede any federal law, act or regulation which contains less stringent or less complete labeling information for any product subject to the provisions of this initiative.

Revisions of this law

The voters of Washington State authorize the legislature to make changes consistent with the intent of this law so long as the changes further the purpose of this initiative. Substantive changes, such as changes to the categories of foods or food additives, the full or partial omission of any category of food or food additive, tolerance levels expressed as a percentage, definitions pertaining to terms used in this initiative or labeling requirements are to be referred to a vote of the people.