[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 764 Enrolled Bill (ENR)]
S.764
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To reauthorize and amend the National Sea Grant College Program Act, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle E--National Bioengineered Food Disclosure Standard
``SEC. 291. DEFINITIONS.
``In this subtitle:
``(1) Bioengineering.--The term `bioengineering', and any
similar term, as determined by the Secretary, with respect to a
food, refers to a food--
``(A) that contains genetic material that has been modified
through in vitro recombinant deoxyribonucleic acid (DNA)
techniques; and
``(B) for which the modification could not otherwise be
obtained through conventional breeding or found in nature.
``(2) Food.--The term `food' means a food (as defined in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321)) that is intended for human consumption.
``(3) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``SEC. 292. APPLICABILITY.
``(a) In General.--This subtitle shall apply to any claim in a
disclosure that a food bears that indicates that the food is a
bioengineered food.
``(b) Application of Definition.--The definition of the term
`bioengineering' under section 291 shall not affect any other
definition, program, rule, or regulation of the Federal Government.
``(c) Application to Foods.--This subtitle shall apply only to a
food subject to--
``(1) the labeling requirements under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.); or
``(2) the labeling requirements under the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.) only if--
``(A) the most predominant ingredient of the food would
independently be subject to the labeling requirements under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
or
``(B)(i) the most predominant ingredient of the food is
broth, stock, water, or a similar solution; and
``(ii) the second-most predominant ingredient of the food
would independently be subject to the labeling requirements
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.).
``SEC. 293. ESTABLISHMENT OF NATIONAL BIOENGINEERED FOOD DISCLOSURE
STANDARD.
``(a) Establishment of Mandatory Standard.--Not later than 2 years
after the date of enactment of this subtitle, the Secretary shall--
``(1) establish a national mandatory bioengineered food
disclosure standard with respect to any bioengineered food and any
food that may be bioengineered; and
``(2) establish such requirements and procedures as the
Secretary determines necessary to carry out the standard.
``(b) Regulations.--
``(1) In general.--A food may bear a disclosure that the food
is bioengineered only in accordance with regulations promulgated by
the Secretary in accordance with this subtitle.
``(2) Requirements.--A regulation promulgated by the Secretary
in carrying out this subtitle shall--
``(A) prohibit a food derived from an animal to be
considered a bioengineered food solely because the animal
consumed feed produced from, containing, or consisting of a
bioengineered substance;
``(B) determine the amounts of a bioengineered substance
that may be present in food, as appropriate, in order for the
food to be a bioengineered food;
``(C) establish a process for requesting and granting a
determination by the Secretary regarding other factors and
conditions under which a food is considered a bioengineered
food;
``(D) in accordance with subsection (d), require that the
form of a food disclosure under this section be a text, symbol,
or electronic or digital link, but excluding Internet website
Uniform Resource Locators not embedded in the link, with the
disclosure option to be selected by the food manufacturer;
``(E) provide alternative reasonable disclosure options for
food contained in small or very small packages;
``(F) in the case of small food manufacturers, provide--
``(i) an implementation date that is not earlier than 1
year after the implementation date for regulations
promulgated in accordance with this section; and
``(ii) on-package disclosure options, in addition to
those available under subparagraph (D), to be selected by
the small food manufacturer, that consist of--
``(I) a telephone number accompanied by appropriate
language to indicate that the phone number provides
access to additional information; and
``(II) an Internet website maintained by the small
food manufacturer in a manner consistent with
subsection (d), as appropriate; and
``(G) exclude--
``(i) food served in a restaurant or similar retail
food establishment; and
``(ii) very small food manufacturers.
``(3) Safety.--For the purpose of regulations promulgated and
food disclosures made pursuant to paragraph (2), a bioengineered
food that has successfully completed the pre-market Federal
regulatory review process shall not be treated as safer than, or
not as safe as, a non-bioengineered counterpart of the food solely
because the food is bioengineered or produced or developed with the
use of bioengineering.
``(c) Study of Electronic or Digital Link Disclosure.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary shall conduct a study to
identify potential technological challenges that may impact whether
consumers would have access to the bioengineering disclosure
through electronic or digital disclosure methods.
``(2) Public comments.--In conducting the study under paragraph
(1), the Secretary shall solicit and consider comments from the
public.
``(3) Factors.--The study conducted under paragraph (1) shall
consider whether consumer access to the bioengineering disclosure
through electronic or digital disclosure methods under this
subtitle would be affected by the following factors:
``(A) The availability of wireless Internet or cellular
networks.
``(B) The availability of landline telephones in stores.
``(C) Challenges facing small retailers and rural
retailers.
``(D) The efforts that retailers and other entities have
taken to address potential technology and infrastructure
challenges.
``(E) The costs and benefits of installing in retail stores
electronic or digital link scanners or other evolving
technology that provide bioengineering disclosure information.
``(4) Additional disclosure options.--If the Secretary
determines in the study conducted under paragraph (1) that
consumers, while shopping, would not have sufficient access to the
bioengineering disclosure through electronic or digital disclosure
methods, the Secretary, after consultation with food retailers and
manufacturers, shall provide additional and comparable options to
access the bioengineering disclosure.
``(d) Disclosure.--In promulgating regulations under this section,
the Secretary shall ensure that--
``(1) on-package language accompanies--
``(A) the electronic or digital link disclosure, indicating
that the electronic or digital link will provide access to an
Internet website or other landing page by stating only `Scan
here for more food information', or equivalent language that
only reflects technological changes; or
``(B) any telephone number disclosure, indicating that the
telephone number will provide access to additional information
by stating only `Call for more food information.';
``(2) the electronic or digital link will provide access to the
bioengineering disclosure located, in a consistent and conspicuous
manner, on the first product information page that appears for the
product on a mobile device, Internet website, or other landing
page, which shall exclude marketing and promotional information;
``(3)(A) the electronic or digital link disclosure may not
collect, analyze, or sell any personally identifiable information
about consumers or the devices of consumers; but
``(B) if information described in subparagraph (A) must be
collected to carry out the purposes of this subtitle, that
information shall be deleted immediately and not used for any other
purpose;
``(4) the electronic or digital link disclosure also includes a
telephone number that provides access to the bioengineering
disclosure; and
``(5) the electronic or digital link disclosure is of
sufficient size to be easily and effectively scanned or read by a
digital device.
``(e) State Food Labeling Standards.--Notwithstanding section 295,
no State or political subdivision of a State may directly or indirectly
establish under any authority or continue in effect as to any food in
interstate commerce any requirement relating to the labeling or
disclosure of whether a food is bioengineered or was developed or
produced using bioengineering for a food that is the subject of the
national bioengineered food disclosure standard under this section that
is not identical to the mandatory disclosure requirement under that
standard.
``(f) Consistency With Certain Laws.--The Secretary shall consider
establishing consistency between--
``(1) the national bioengineered food disclosure standard
established under this section; and
``(2) the Organic Foods Production Act of 1990 (7 U.S.C. 6501
et seq.) and any rules or regulations implementing that Act.
``(g) Enforcement.--
``(1) Prohibited act.--It shall be a prohibited act for a
person to knowingly fail to make a disclosure as required under
this section.
``(2) Recordkeeping.--Each person subject to the mandatory
disclosure requirement under this section shall maintain, and make
available to the Secretary, on request, such records as the
Secretary determines to be customary or reasonable in the food
industry, by regulation, to establish compliance with this section.
``(3) Examination and audit.--
``(A) In general.--The Secretary may conduct an
examination, audit, or similar activity with respect to any
records required under paragraph (2).
``(B) Notice and hearing.--A person subject to an
examination, audit, or similar activity under subparagraph (A)
shall be provided notice and opportunity for a hearing on the
results of any examination, audit, or similar activity.
``(C) Audit results.--After the notice and opportunity for
a hearing under subparagraph (B), the Secretary shall make
public the summary of any examination, audit, or similar
activity under subparagraph (A).
``(4) Recall authority.--The Secretary shall have no authority
to recall any food subject to this subtitle on the basis of whether
the food bears a disclosure that the food is bioengineered.
``SEC. 294. SAVINGS PROVISIONS.
``(a) Trade.--This subtitle shall be applied in a manner consistent
with United States obligations under international agreements.
``(b) Other Authorities.--Nothing in this subtitle--
``(1) affects the authority of the Secretary of Health and
Human Services or creates any rights or obligations for any person
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.); or
``(2) affects the authority of the Secretary of the Treasury or
creates any rights or obligations for any person under the Federal
Alcohol Administration Act (27 U.S.C. 201 et seq.).
``(c) Other.--A food may not be considered to be `not
bioengineered', `non-GMO', or any other similar claim describing the
absence of bioengineering in the food solely because the food is not
required to bear a disclosure that the food is bioengineered under this
subtitle.
``Subtitle F--Labeling of Certain Food
``SEC. 295. FEDERAL PREEMPTION.
``(a) Definition of Food.--In this subtitle, the term `food' has
the meaning given the term in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
``(b) Federal Preemption.--No State or a political subdivision of a
State may directly or indirectly establish under any authority or
continue in effect as to any food or seed in interstate commerce any
requirement relating to the labeling of whether a food (including food
served in a restaurant or similar establishment) or seed is genetically
engineered (which shall include such other similar terms as determined
by the Secretary of Agriculture) or was developed or produced using
genetic engineering, including any requirement for claims that a food
or seed is or contains an ingredient that was developed or produced
using genetic engineering.
``SEC. 296. EXCLUSION FROM FEDERAL PREEMPTION.
``Nothing in this subtitle, subtitle E, or any regulation, rule, or
requirement promulgated in accordance with this subtitle or subtitle E
shall be construed to preempt any remedy created by a State or Federal
statutory or common law right.''.
SEC. 2. ORGANICALLY PRODUCED FOOD.
In the case of a food certified under the national organic program
established under the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.), the certification shall be considered sufficient to make
a claim regarding the absence of bioengineering in the food, such as
``not bioengineered'', ``non-GMO'', or another similar claim.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.