CALIFORNIA STATUTES AND CODES
SECTIONS 491-492
FOOD AND AGRICULTURAL CODE
SECTION 491-492
491. The Legislature finds and declares the following:
(a) Consumers have an interest in being informed about the
benefits and potential quantifiable risks to their health from
products they consume. This information must be grounded in sound
science, must use informative and effective communications, and shall
be consistent with other production technologies.
(b) As new advances in biotechnology, including transgenic plants,
are developed, it is important to understand the opportunities that
new technologies offer to consumers, farmers, the livestock industry,
food processors, and the environment, as well as to evaluate the
potential risks.
(c) Under the existing regulatory framework for biotechnology, the
United States Food and Drug Administration has the federal authority
to assure that food and pharmaceutical development using
biotechnology protects public health, the United States Environmental
Protection Agency has the authority to review environmental issues
including bioengineered pesticides, and the United States Department
of Agriculture has the responsibility to regulate the introduction of
genetically modified plants into the agricultural environment.
Careful review of existing oversight responsibility helps in
understanding the regulatory framework governing the approval of
biotechnology products and will help clarify California's role in the
endeavor.
(d) California is the leading agricultural state in the country,
producing 350 commodities and farm gate revenues totaling nearly
twenty-seven billion dollars ($27,000,000,000) annually, of which
nearly seven billion dollars ($7,000,000,000) is exported. Support
for agricultural research based in sound science, and the utilization
of modern farming technologies is a key factor leading to California'
s strong farm economy and its competitive edge in the world market
for agricultural products.
492. (a) The Legislature hereby creates the Food Biotechnology Task
Force. The task force shall be cochaired by the Secretary of
California Health and Human Services, and the Secretary of the
California Department of Food and Agriculture. The task force shall
consult with appropriate state agencies and the University of
California. The Department of Food and Agriculture shall be the lead
agency.
(b) An advisory committee shall be appointed by the task force to
provide input on issues reviewed by the task force. The advisory
committee shall consist of representatives from consumer groups,
environmental organizations, farmers, ranchers, representatives from
the biotechnology industry, researchers, organic farmers, food
processors, retailers, and others with interests in the issues
surrounding biotechnology.
(c) The Department of Food and Agriculture shall make funds
available to other agencies to accomplish the purposes of this
article and shall contract, where appropriate, with the California
Council on Science and Technology, the University of California, or
other entities to review issues evaluated by the task force or
support activities of the advisory committee.
(d) The task force may request particular agencies to lead the
effort to evaluate various factors related to food biotechnology. As
funding becomes available, the task force shall evaluate factors
including all of the following:
(1) Definition and categorization of food biotechnology and
production processes.
(2) Scientific literature on the subject, and a characterization
of information resources readily available to consumers.
(3) Issues related to domestic and international marketing of
biotechnology foods such as the handling, processing, manufacturing,
distribution, labeling, and marketing of these products.
(4) Potential benefits and impacts to human health, the state's
economy, and the environment accruing from food biotechnology.
(5) Existing federal and state evaluation and oversight
procedures.
(e) The task force shall report issues studied, findings, basis
for their findings, and recommendations to the Governor and the
Legislature by January 1, 2003.
(f) An initial sum of one hundred twenty-five thousand dollars
($125,000) is hereby appropriated from the General Fund for
disbursement to the Department of Food and Agriculture. It is the
intent of the Legislature to make further funds available to
accomplish the purposes contained in this article.