1Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2Statutes, in food protection, further providing for food

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5722 of Title 3 of the Pennsylvania
7Consolidated Statutes is amended by adding definitions to read:

8§ 5722. Definitions.

9The following words and phrases when used in this subchapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Agriculture." The science, art or practice of cultivating
13the soil, producing crops and raising livestock or fish and, in
14varying degrees, the preparation and marketing of the resulting

16* * *

17"Distributor." An individual or business engaged in any
18method of distributing or transporting a food or food product

1from one place to another.

2"Enzyme." A protein that catalyzes chemical reactions of
3other substances without itself being destroyed or altered upon
4completion of the reactions.

5* * *

6"Genetically engineered." Produced from an organism or
7organisms in which the genetic material has been changed

9(1) the application of in vitro nucleic acid techniques,
10which include, but are not limited to, recombinant
11deoxyribonucleic acid (DNA), direct injection of nucleic acid
12into cells or organelles, encapsulation, gene deletion and
13doubling; or

14(2) the application of methods of fusing cells beyond
15the taxonomic family that overcome natural physiological
16reproductive or recombinant barriers and that are not
17techniques used in traditional breeding and selection such as
18conjugation, transduction and hybridization; or

19* * *

20"Manufacturer." The individual or business that makes,
21processes, combines or packages food ingredients or is engaged
22in the production or processing of seed, seed stock, food or any
23food product.

24"Medical food." A food which is formulated to be consumed or
25administered entirely under the supervision of a physician and
26which is intended for the specific dietary management of a
27disease or condition for which distinctive nutritional
28requirements, based on recognized scientific principles, are
29established by medical evaluation.

30* * *

1"Processed food." Any food other than a raw agricultural
2commodity or any food produced from a raw agricultural commodity
3that has been subject to processing such as canning, smoking,
4pressing, cooking, freezing, dehydration, fermentation or

6"Processing aid." A substance that is added to a food:

7(1) during the processing of the food but is removed in
8some manner from the food before it is packaged in its final

10(2) during processing, is converted into constituents
11normally present in the food and does not significantly
12increase the amount of the constituents found in the food; or

13(3) for its technical or functional effects in the
14processing but is present in the finished food at
15insignificant levels and does not have any technical or
16functional effect in that finished food.

17* * *

18"Retailer." An individual or business engaged in selling the
19food from individuals or businesses to the end-user.

20* * *

21Section 2. Sections 5725(b) of Title 3 is amended and the
22section is amended by adding a subsection to read:

23§ 5725. Penalties.

24* * *

25(b) Civil penalties.--

26(1) In addition to proceeding under any other remedy
27available at law or in equity for a violation of this
28subchapter, or a rule or regulation adopted or any order
29issued under this subchapter, the secretary may assess a
30civil penalty upon an individual or business not to exceed:

1(i) For a violation other than under section 
25729(a)(13) (relating to misbranding of food), $10,000
3[upon an individual or business] for each offense.

4(ii) For a violation under section 5729(a)(13),
5$1,000 per day for each offense. Calculation of this fine
6shall not be made or multiplied by the number of
7individual packages of the same product displayed or
8offered for retail sale. Fines shall only be assessed on
9each uniquely named, designed or marked product.

10(2) No civil penalty shall be assessed unless the person
11charged has been given notice and opportunity for a hearing
12in accordance with law. In determining the amount of the
13penalty, the secretary shall consider the gravity of the
14violation. Whenever the secretary finds a violation which did
15not cause harm to human health, the secretary may issue a
16warning in lieu of assessing a penalty. In case of inability
17to collect the civil penalty or failure of any person to pay
18all or any portion of the penalty as the secretary may
19determine, the secretary may refer the matter to the Attorney
20General, who shall recover the amount by action in the
21appropriate court.

22* * *

23(f) Retailer liability for a misbranded genetically
24engineered food.--A retailer that sells or advertises a
25processed food product that does not comply with the
26requirements of section 5729(a)(13)(ii) shall not be found
27criminally or civilly liable under this subchapter. For purposes
28of this subsection, "retailer" excludes any manufacturer when
29the manufacturer is also acting as a retailer of the genetically
30engineered food.

1Section 3. Section 5729(b) of Title 3 is amended and
2subsection (a) is amended by adding a paragraph to read:

3§ 5729. Misbranding of food.

4(a) General rule.--A food shall be misbranded:

5* * *

6(13) If it is entirely or partially produced with
7genetic engineering, unless either of the following apply:

8(i) In the case of a raw agricultural commodity,
9the words "genetically engineered" appear clearly and
10conspicuously on the front of the label of the
11package of the commodity, or if the commodity is not
12separately packaged or labeled, the words
13"genetically engineered" appear clearly and
14conspicuously on a label appearing on the shelf or
15bin of the retail store where the commodity is
16displayed for sale.

17(ii) In the case of processed food containing
18some products of genetic engineering, the words
19"produced with genetic engineering" or "partially
20produced with genetic engineering" appear clearly and
21conspicuously on the front of the label of the
22processed food.

23(b) Exceptions and applicability.--The following shall 

25(1) The provisions of subsection (a)(1), (2), (3), (4),
26(5), (6), (7), (8), (9), (10) and (11) shall not apply to the

28[(1)] (i) Bakery goods sold at retail by the bakery
29directly to the consumer in a store or market stand
30operated by the bakery. The bakery goods must be made by

1the bakery, the bakery must guarantee that they are in
2compliance with this act in all other respects and the
3required information in subsection (a)(1), (2), (3), (4),
4(5), (6), (7), (8) and (9) must be available to the
5public at the point-of-sale.

6[(2)] (ii) Bakery goods sold to the operators of
7retail food facilities when the required information in
8subsection (a)(1), (2), (3), (4), (5), (6), (7), (8),
9(9), (10) and (11) is available to the public on the
10premises of the retail food facility.

11(2) The provisions of subsection (a)(13) shall not be
12construed to require the words identifying the use of genetic
13engineering to be placed immediately before any common name
14or primary product descriptor of a food.

15(3) Until July 1, 2019, any processed food that does not
16comply with the provisions of subsection (a)(13) is not
17misbranded provided that the genetically engineered materials
18in the aggregate do not account for more than nine-tenths of
19one percent of the total weight of the processed food.

20(4) The provisions of subsection (a)(13) shall not apply
21to any of the following:

22(i) Food consisting entirely of, or derived entirely
23from, an animal that has not itself been genetically
24engineered, regardless of whether the animal has been fed
25or injected with any food produced with genetic
26engineering or any drug or vaccine that has been produced
27through means or genetic engineering.

28(ii) A raw agricultural commodity or food that has
29been grown, raised, produced or derived without the
30knowing and intentional use of genetically engineered

1food as long as the retailer obtains from the supplier,
2manufacturer, wholesale dealer, jobber or distributor
3from whom the commodity or food was purchased or procured
4a sworn statement that the commodity or food:

5(A) Has not been knowingly or intentionally
6genetically engineered.

7(B) Has been segregated from and has not been
8knowingly or intentionally commingled with foods that
9may have been genetically engineered at any time.

10In providing the sworn statement, a supplier,
11manufacturer, wholesale dealer, jobber or distributor may
12rely on a sworn statement from his or her own supplier
13that contains such an affirmation.

14(iii) Any processed food that would be subject to
15subsection (a)(13) solely because one or more processing
16aids or enzymes were produced or derived with genetic

18(iv) Food that has been lawfully certified to be
19labeled, marketed and offered for sale as "organic" under
20the Organic Foods Production Act of 1990 (Public Law 101-
21624, 104 Stat. 3935) and the regulations promulgated by
22the United States Department of Agriculture thereunder.

23(v) Food that is not packaged for retail sale and:

24(A) is a processed food prepared and intended
25for immediate human consumption; or

26(B) is served, sold or otherwise provided in any
27restaurant or other food service establishment that
28is primarily engaged in the sale of food prepared and
29intended for immediate human consumption.

30(vi) Medical food.

1* * *

2Section 4. This act shall take effect as follows:

3(1) The amendment or addition of 3 Pa. C.S. §§ 5722, 
45725(b) and (f) and 5729(a)(13) and (b) shall take effect in
5540 days.

6(2) The remainder of this act shall take effect