[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2621 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2621

   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
        genetically engineered food transparency and uniformity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2016

 Mr. Merkley (for himself, Mr. Leahy, Mr. Tester, Mrs. Feinstein, and 
 Mr. Sanders) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
        genetically engineered food transparency and uniformity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biotechnology Food Labeling 
Uniformity Act''.

SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) In General.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(z)(1) If the food or an ingredient of the food is produced or 
derived from genetic engineering, unless it bears labeling stating that 
fact in accordance with paragraphs (3) and (4).
    ``(2) The provisions of this paragraph shall not apply--
            ``(A) if it is a processed food and the ingredients 
        produced from genetic engineering do not, in the aggregate, 
        account for more than nine-tenths of 1 percent of the total 
        weight of the processed food;
            ``(B) if the food would be subject to this paragraph solely 
        because a genetically engineered vaccine was used at any point 
        in the production of the food or the lifecycle of its 
        agricultural inputs; or
            ``(C) if it is a food or processed food that would be 
        subject to this paragraph solely because it was produced using 
        a processing aid (including yeast) or enzyme that was produced 
        or derived from genetic engineering.
    ``(3) In the case of a food that is not a food described in 
paragraph (4), a producer shall meet the labeling requirement under 
this paragraph by inserting either--
            ``(A) the words `genetically engineered' or the 
        abbreviation `GE' in parenthesis immediately following the 
        common or usual name of each genetically engineered ingredient;
            ``(B) an asterisk next to the common or usual name of each 
        genetically engineered ingredient with a statement, in a font 
        size no smaller than the words `Ingredient List', at the bottom 
        of the ingredient list that denotes that the ingredient or 
        ingredients are genetically engineered;
            ``(C) a statement, established by the Secretary of Health 
        and Human Services, at the bottom of the ingredient list (or if 
        there is no such ingredient list, on the information panel of 
        the food) that would disclose that the food is produced or 
        partially produced with genetic engineering or contains 
        genetically engineered ingredients; or
            ``(D) a symbol, established by the Secretary, that would 
        disclose the presence of a genetically engineered ingredient or 
        genetically engineered ingredients in the food in a clear and 
        conspicuous manner.
    ``(4) In the case of a food or an ingredient of a food that is 
produced or derived from genetic engineering and is a raw agricultural 
commodity either unpackaged or packaged for retail sale, the producer 
complies with labeling regulations established by the Secretary of 
Health and Human Services, in consultation with the Secretary of 
Agriculture.
    ``(5) For purposes of this paragraph, whether a food or ingredient 
of a food was produced or derived from a genetically engineered plant 
variety or animal shall, by itself, constitute information that is 
material within the meaning of section 201(n).''.

SEC. 3. REGULATIONS.

    (a) Interim Rule.--Not later than December 31, 2016, the Secretary 
of Health and Human Services shall issue an interim final rule 
regarding the implementation of section 403(z) of the Federal Food, 
Drug, and Cosmetic Act, as added by section 2 of this Act.
    (b) Proposed Regulations.--Not later than 18 months after the date 
of enactment of this Act, the Secretary of Health and Human Services 
shall issue proposed regulations to implement section 403(z) of the 
Federal Food, Drug, and Cosmetic Act, as added by section 2 of this 
Act, which shall--
            (1) include definitions of all relevant terms in such 
        section 403(z);
            (2) be based on existing Federal regulations, State law, 
        and international standards; and
            (3) be updated as needed.
    (c) Final Regulations.--Not later than 24 months after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
issue final regulations described in subsection (b).

SEC. 4. FEDERAL PREEMPTION.

    (a) In General.--No State or political subdivision of a State shall 
impose different or additional requirements to state the presence of 
the same genetically engineered food or ingredients covered by this Act 
under the laws, regulations, requirements, or standards of such State 
or political subdivision of a State.
    (b) Scope.--Nothing in this Act, nor any amendment, regulation, 
rule, or requirement promulgated pursuant to this Act, shall be 
construed to preempt or otherwise affect the authority of a State or 
political subdivision of a State to enforce any action taken or 
requirement imposed pursuant to the authority of a State, political 
subdivision of a State, or local law, regulation, requirement or 
standard that otherwise relates to food labeling and is not described 
in subsection (a).
    (c) No Preemption of Common Law or Statutory Causes of Action.--
Nothing in this Act, nor any amendment, regulation, rule, or 
requirement promulgated pursuant to this Act, shall be construed to 
preempt, displace, or supplant any State or Federal common law rights 
or any State or Federal statute creating a remedy for civil relief, 
including those for civil damage, or a penalty for a criminal conduct.
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