§ 3044. Exemptions
The following foods shall not be subject to the labeling requirements of section 3043 of this title:
(1) Food consisting entirely of or derived entirely from an animal that has not itself
been produced with genetic engineering, regardless of whether the animal has been
fed or injected with any food, drug, or other substance produced with genetic engineering.
(2) A raw agricultural commodity or processed food derived from it that has been grown,
raised, or produced without the knowing or intentional use of food or seed produced
with genetic engineering. Food will be deemed to be as described in this subdivision
only if the person otherwise responsible for complying with the requirements of subsection 3043(a) of this title with respect to a raw agricultural commodity or processed food obtains, from whomever
sold the raw agricultural commodity or processed food to that person, a sworn statement
that the raw agricultural commodity or processed food has not been knowingly or intentionally
produced with genetic engineering and has been segregated from and has not been knowingly
or intentionally commingled with food that may have been produced with genetic engineering
at any time. In providing such a sworn statement, any person may rely on a sworn statement
from his or her own supplier that contains the affirmation set forth in this subdivision.
(3) Any processed food that would be subject to subsection 3043(a) of this title solely because it includes one or more processing aids or enzymes produced with genetic
engineering.
(4) Any beverage that is subject to the provisions of Title 7.
(5) Any processed food that would be subject to subsection 3043(a) of this title solely because it includes one or more materials that have been produced with genetic
engineering, provided that the genetically engineered materials in the aggregate do
not account for more than 0.9 percent of the total weight of the processed food.
(6) Food that an independent organization has verified has not been knowingly or intentionally
produced from or commingled with food or seed produced with genetic engineering. The
Office of the Attorney General, after consultation with the Department of Health,
shall approve by procedure the independent organizations from which verification shall
be acceptable under this subdivision (6).
(7) Food that is not packaged for retail sale and that is:
(A) a processed food prepared and intended for immediate human consumption; or
(B) served, sold, or otherwise provided in any restaurant or other food establishment,
as defined in 18 V.S.A. § 4301, that is primarily engaged in the sale of food prepared and intended for immediate
human consumption.
(8) Medical food, as that term is defined in 21 U.S.C. § 360ee(b)(3). (Added 2013, No. 120 (Adj. Sess.), § 2, eff. July 1, 2016.)