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Amend the bill in section 1 in chapter 522 in the 2nd line (page 1, line 4 in L.D.) by striking out the following: " OR BEVERAGE "
Amend the bill in section 1 in §2231 by striking out all of subsections 3 to 6 (page 1, lines 13 to 28 in L.D.) and inserting the following:
 
‘3.  Food packaging.     "Food packaging" or "food package" means a container or wrapper intended to be in contact with food and used to store food for sale. "Food packaging" or "food package" includes, but is not limited to, boxes, foil or plastic wrapping, paper and aluminum or other metal cans and pouches.
 
4.  Food product.     "Food product" means any food that is contained in a food package at the time of sale.
 
5.  Manufacturer.     "Manufacturer" means a person who manufactured a food product or whose brand name is affixed to the food product. In the case of a food product that was imported into the United States, "manufacturer" includes the importer or first domestic distributor of the food product if the person who manufactured or assembled the food product or whose brand name is affixed to the food product does not have a presence in the United States.
 
6.  Ortho-phthalates.     "Ortho-phthalates" refers to any of the following chemicals belonging to the class of ortho-phthalates:
 
A.  Di (2-ethylhexyl) phthalate, DEHP;
 
B.  Dibutyl phthalate, DBP;
 
C.  Benzyl butyl phthalate, BBP;
 
D.  Diethyl phthalate, DEP; and
 
E. Any ortho-phthalate identified and listed as a chemical of high concern pursuant to Title 38, section 1693-A on or after the effective date of this paragraph.’
Amend the bill in section 1 in §2231 in subsection 7 in the 2nd line (page 1, line 30 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in the first line (page 1, line 32 in L.D.) by striking out the following: " or beverage "
Amend the bill in section 1 in §2232 in subsection 1 in the first line (page 1, line 33 in L.D.) by striking out the following: " or beverage "
Amend the bill in section 1 in §2232 in subsection 1 in the 3rd line (page 1, line 35 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in subsection 1 in the first paragraph in the last line (page 2, line 2 in L.D.) by striking out the following: "minimus" and inserting the following: 'minimis'
Amend the bill in section 1 in §2232 in subsection 1 in paragraph A (page 2, line 3 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in subsection 1 in paragraph B (page 2, line 4 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in subsection 2 in paragraph A in the first line (page 2, line 8 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in subsection 2 in paragraph B in the first line (page 2, line 10 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in subsection 2 by striking out all of paragraph C (page 2, lines 12 and 13 in L.D.) and inserting the following:
 
‘C. Whether the food product within the food packaging contains ortho-phthalates or other chemicals;’
Amend the bill in section 1 in §2232 in subsection 2 in paragraph D in the first line (page 2, line 14 in L.D.) by striking out the following: "or beverage"
Amend the bill in section 1 in §2232 in subsection 2 by striking out all of paragraphs E to G (page 2, lines 16 to 22 in L.D.) and inserting the following:
 
‘E.  The chemical abstracts service registry numbers of the ortho-phthalates;
 
F.  The amount of each ortho-phthalate detected in each unit of the food product; and
 
G. The intended purpose of each ortho-phthalate subject to reporting in the food product.’
Amend the bill in section 1 in §2232 in subsection 3 in paragraph A (page 2, line 25 in L.D.) by inserting after the following: "alcoholic" the following: 'or nonalcoholic'
Amend the bill in section 1 in §2232 in subsection 3 in paragraph B in the first and 2nd lines (page 2, lines 26 and 27 in L.D.) by striking out the following: "and beverage"
Amend the bill in section 1 by striking out all of §2233 (page 2, lines 30 to 34 in L.D.) and inserting the following:
‘§ 2233. Departmental authority to further investigate food contamination
 
1.  Disclosure of other chemicals of concern.     After receiving initial written notice required by this chapter, the department may require a manufacturer to disclose the chemical abstracts service registry numbers of other chemicals contained in the food packaging or food product that appear on the material safety data sheets required under 29 Code of Federal Regulations, Section 1910.1200.
 
2.  Disclosure of presence of ortho-phthalates in materials used in production.    After receiving initial written notice required by this chapter, the department may require a manufacturer to disclose the presence of ortho-phthalates in materials used in food production to determine additional sources of ortho-phthalate contamination.’
Amend the bill by inserting after section 1 the following:
‘Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
 
Division of Quality Assurance and Regulation 0393
 
Initiative: Provides a one-time appropriation in fiscal year 2017-18 for construction of a database and website.

GENERAL FUND	2017-18	2018-19	
All Other	$200,000	$0	
			
GENERAL FUND TOTAL	$200,000	$0	

Division of Quality Assurance and Regulation 0393
 
Initiative: Provides ongoing allocations beginning in fiscal year 2017-18 for database and website maintenance.

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
All Other	$50,000	$50,000	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$50,000	$50,000	

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$200,000	$0	
OTHER SPECIAL REVENUE FUNDS	$50,000	$50,000	
			
DEPARTMENT TOTAL - ALL FUNDS	$250,000	$50,000	
 
’
 
SUMMARY
This amendment, which is the minority report of the committee, provides that the requirements of the bill apply only to food products and manufacturers and distributors of food products, but not to beverages or manufacturers or distributors of beverages. It retains the provision that authorizes the department to assess a fee on manufacturers and distributors. The amendment also narrows the group of chemicals included in the reporting requirement to 4 chemicals belonging in the class of ortho-phthalates and any other ortho-phthalate identified and listed as a chemical of high concern by the Department of Environmental Protection after this legislation takes effect. The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)