Proposition 37 : Genetically Engineered Food Labeling

Official title : Genetically Engineered Foods. Labeling. Initiative Statute.

State analysis      /    Money trail

Summary :

1. Requires labeling on raw or processed food offered for sale to consumers if made from plants or animals with genetic material changed in specified ways.
2. Prohibits labeling or advertising GE food as “natural,” “naturally made,” “naturally grown,” or “all natural”
3. Exempts foods that are:
   1. certified organic
   2. unintentionally produced with genetically engineered material
   3. made from animals fed or injected with genetically engineered material but not genetically engineered themselves
   4. processed with or containing only small amounts of genetically engineered ingredients
   5. administered for treatment of medical conditions
   6. sold for immediate consumption such as in a restaurant
   7. alcoholic beverages.
   8. Requires Department of Public Health to regulate the labeling of such foods
   9. Allows individuals to sue food manufacturers who violate the measure’s labeling provisions under the Consumer Legal Remedies Act, which allows consumers to sue without needing to demonstrate that any specific damage occurred as a result of the alleged violation.

Notes:

1. Genetically engineered foods definition
2. On raw foods, the label must be on the front package or label.
3. on processed foods, must have “Partially Produced with Genetic Engineering” or “May be Partially Produced with Genetic Engineering.” on label.
4. Retailers would be responsible for the products on their shelves being correctly labeled. For each product that is not labeled as GE, a retailer generally must be able to document why that product is exempt from labeling via
   1. 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.