[Congressional Record Volume 146, Number 16 (Tuesday, February 22, 2000)]
[Senate]
[Pages S683-S686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER:
  S. 2080. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
require that food that contains a genetically engineered material, or 
that is produced with a genetically engineered material, must be 
labeled accordingly, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.


           the genetically engineered food right-to-know act

 Mrs. BOXER. Mr. President, today I am pleased to introduce the 
Genetically Engineered Food Right-to-Know Act. This legislation 
requires that all foods containing or produced with genetically 
engineered material bear a neutral label stating that: ``this product 
contains a genetically engineered material or was produced with a 
genetically engineered material.''
  The bill adds this labeling requirement to the provisions of the 
Federal Food, Drug, and Cosmetic Act (FFDCA), the Federal Meat 
Inspection Act, and the Poultry Products Inspection Act which contain 
the general standards for labeling foods.
  Recent polls have demonstrated that Americans want to know if they 
are eating genetically engineered food. A January 1999 Time magazine 
poll revealed that 81% of respondents wanted genetically engineered 
food to be labeled. A January 2000 MSNBC poll showed identical results.
  This pressure has already led some companies not to use genetically 
engineered materials in their foods. Gerber and Heinz have said they 
will no longer use genetically engineered material in their baby food. 
Whole Foods and Wild Oats Supermarkets also have said they will use no 
genetically engineered material in their own products.
  Great Britain, France, Germany, the Netherlands, Belgium, Luxembourg, 
Denmark, Sweden, Finland, Ireland, Spain, Austria, Italy, Portugal, 
Greece, New Zealand, and Japan already require genetically engineered 
food to be labeled.

[[Page S684]]

  If the U.S. wants to sell its genetically engineered food to these 
countries, it will have to label the food for foreign consumers. It is 
only fair that American consumers be given similar information.
  Why do I feel it's important for consumers to know that their food is 
genetically engineered?
  First, we don't know whether genetically engineered food is harmful 
or whether it is safe. However, scientists have raised concerns about 
genetically engineered food. These concerns include the risks of 
increased exposure to allergens, decreased nutritional value, increased 
toxicity and increased antibiotic resistance.
  In addition, scientists have raised concerns about the ecological 
risks associated with genetically engineered food. Some of those risks 
include the destruction of species, cross pollination that breeds new 
weeds that are resistant to herbicides, and increases in pesticide use 
over the long-term.
  Earlier this year, for example, researchers at Cornell University 
reported that Monarch butterflies were either killed or developed 
abnormally when eating milkweed dusted with the pollen of Bt-corn, a 
genetically engineered food.
  Second, the Food and Drug Administration does not require pre-market 
health and safety testing of genetically engineered foods. Therefore, 
it is only fair that consumers know they are eating products that have 
not been tested.
  Third, the Environmental Protection Agency and the Department of 
Agriculture do not require substantive environmental review of 
genetically engineered materials under their jurisdiction.
  My Genetically Engineered Food Right-to-Know Act not only mandates 
labels, but does something even more important: it authorizes $5 
million in grants to conduct studies into the health and environmental 
risks raised by genetically engineered food.
  Specifically, it directs the Secretary of HHS to make grants to 
individuals, organizations and institutions to study risks like 
increased toxicity, increased allergenicity, negative effects on soil 
ecology and on the environment in general.
  What is the extent of genetically engineered crops today?
  Last year, 98.6 million acres in the U.S. were planted with 
genetically engineered crops. More than one-third of the U.S. soybean 
crop and one-quarter of corn were genetically engineered. This 
represents a 23-fold increase in genetically engineered crop production 
from just four years ago.
  And waiting to come into the marketplace are more than 60 different 
genetically engineered crops--from apples and strawberries to potatoes 
and tomatoes.
  Providing consumers with information about the foods they eat is 
hardly new.
  For example, I was proud to be the author of the law to provide for 
the ``dolphin safe'' label on tuna. The label indicated that the tuna 
was harvested by methods that don't harm dolphins.
  I was also proud to lead the fight in the Senate to make sure that 
chicken frozen as solid as a blowing ball could not be labeled fresh. 
At the time, USDA's position was that frozen chicken could be labeled 
``fresh.''
  In 1996, I succeeded in amending the Safe Drinking Water Act to 
require that drinking water providers give their consumers annual 
reports concerning the quality of their water.
  Others in Congress led the fight to tell consumers whether their 
products contain artificial colors or sweeteners, preservatives, 
additives, and whether they are from concentrate. I supported those 
labels as well.
  Food manufacturers also label their products with information that is 
of little value to consumers. Certain brands of pretzels, for example, 
bear a label which states that the manufacturer is a ``Member of the 
Snack Food Association: An International Trade Association.''
  I don't think this is information consumers are clamoring for, yet 
the manufacturer is willing to go through the trouble of putting it on 
the bag.
  My legislation builds on the existing food labeling system, and would 
be simple to implement. It would require that all foods containing or 
made with genetically engineered foods be labeled with this 
information: ``this product contains a genetically engineered material 
or was produced with a genetically engineered material.''
  For example, corn flakes made with genetically engineered corn would 
be a ``product that contains'' genetically engineered material. To take 
another example, milk from a cow treated with genetically engineered 
bovine growth hormone would be a product ``produced with'' genetically 
engineered material.
  Specifically, my bill requires that food that contains or was 
produced with genetically engineered material be labeled at each stage 
of the food production process--from seed company to farmer to 
manufacturer to retailer. The labeling requirement in my bill, however, 
does not to apply to drugs or to food sold in restaurants, bakeries, 
and other similar establishments.
  Genetically engineered material is defined under the bill as material 
that ``has been altered at the molecular or cellular level by means 
that are not possible under natural conditions or processes.'' Food 
developed through traditional processes such as crossbreeding is not 
considered to be genetically engineered, and the legislation's labeling 
requirement would not apply to foods produced in that way.
  Under the bill, persons need not label food if they obtain a written 
guaranty from the party from whom they received the food that the food 
does not contain and was not produced with genetically engineered 
material. Persons who obtain a valid guaranty are not subject to 
penalties under the bill if they are later found to have failed to 
label food that contains genetically engineered material.
  For example, a farmer who plants genetically engineered corn must 
label that corn. Each person who then buys and then sells that corn, or 
food derived from it, will also be required to label it as genetically 
engineered.
  Conversely, farmers who obtain a guaranty that the corn they are 
planting is not genetically engineered may issue a guaranty to 
purchasers that their corn is not genetically engineered. The purchaser 
then would not have to label that corn or product made with that corn.
  If the corn or food is later found to have contained or been produced 
with genetically engineered material but was not labeled accordingly, 
the purchaser would not be subject to penalties under the bill.
  This guaranty system is used today to enforce provisions of existing 
law concerning the distribution of adulterated or mislabeled foods. The 
system is much less expensive than a system which would require food to 
be tested at every phase of the food production process.
  Failure to label food that contains or was produced with genetically 
engineered material carries a civil penalty of up to $1,000 amount for 
each violation.
  Importantly, the bill provides that if a party fraudulently warrants 
that a product is not genetically engineered, no party further down the 
chain of custody may be held liable for mislabeling. This provision is 
particularly meant to protect small farmers from the possibility that 
their suppliers would by contract provide that any liability for 
mislabeling be borne by the farmer regardless of the suppliers' own 
actions.
  The bill also provides another protection for farmers. Under the 
bill, a farmer who plants a non-genetically engineered crop, but whose 
crop came to contain genetically engineered material from natural 
causes such as wind carrying pollen from a genetically engineered plant 
is not subject to penalties under the bill. This is the case so long as 
the farmer did not intend or did not negligently permit this to occur.
  And, finally, the bill directs the Secretary of HHS to make grants to 
study the possible health and environmental risks associated with 
genetically engineered foods. The bill authorizes $5 million for this 
purpose.
  In closing, Mr. President, during the recent negotiations on the 
Biosafety Protocol, it was the United States' negotiating position that 
international shipments of seeds, grains and plants that may contain 
genetically engineered material be labeled accordingly.
  If the United States took the position that it is appropriate to 
provide this information to its trading partners, shouldn't we make 
similar information available to American consumers?

[[Page S685]]

  I am hopeful that my House and Senate colleagues can act quickly to 
ensure the passage of my legislation to give American families the 
right-to-know whether their food contains or was produced with 
genetically engineered material.
  I ask that the text of my legislation be printed in the Record.
  The text of the legislation follows:

                                S. 2080

       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 ``Genetically Engineered Food 
     Right-to-Know Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In 1999, 98,600,000 acres in the United States were 
     planted with genetically engineered crops, and more than \1/
     3\ of the soybean crop, and \1/4\ of the corn crop, in the 
     United States was genetically engineered.
       (2) The process of genetically engineering foods results in 
     the material change of such foods.
       (3) The health and environmental effects of genetically 
     engineered foods are not yet known.
       (4) Individuals in the United States have the right to know 
     whether food contains or has been produced with genetically 
     engineered material.
       (5) Federal law gives individuals in the United States the 
     right to know whether food contains artificial colors and 
     flavors, chemical preservatives, and artificial sweeteners by 
     requiring the labeling of such food.
       (6) Requirements that genetically engineered food be 
     labeled as genetically engineered would increase consumer 
     knowledge about, and consumer control over consumption of, 
     genetically engineered food.
       (7) Genetically engineered material can be detected in food 
     at levels as low as 0.1 percent by reasonably available 
     technology.

     SEC. 3. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; 
                   AMENDMENTS TO 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 paragraph:
       ``(t)(1) If it contains a genetically engineered material, 
     or was produced with a genetically engineered material, 
     unless it bears a label (or labeling, in the case of a raw 
     agricultural commodity) that provides notices in accordance 
     with each of the following requirements:
       ``(A) The label or labeling bears the following notice: 
     `GENETICALLY ENGINEERED'.
       ``(B) The label or labeling bears the following notice: 
     `THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL, OR 
     WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL'.
       ``(C) The notice required in clause (A) immediately 
     precedes the notice required in clause (B) and the type for 
     the notice required in clause (A) is not less than twice the 
     size of the type for the notice required in clause (B).
       ``(D) The notice required in clause (B) is the same size as 
     would be required if the notice provided nutrition 
     information that is required in paragraph (q)(1).
       ``(E) The notices required in clauses (A) and (B) are 
     clearly legible and conspicuous.
       ``(2) This paragraph does not apply to food that--
       ``(A) is served in restaurants or other similar eating 
     establishments, such as cafeterias and carryouts;
       ``(B) is a medical food as defined in section 5(b) of the 
     Orphan Drug Act; or
       ``(C) was grown on a tree that was planted before the date 
     of enactment of the Genetically Engineered Food Right-to-Know 
     Act, in a case in which the producer of the food does not 
     know if the food contains a genetically engineered material, 
     or was produced with a genetically engineered material.
       ``(3) In this paragraph:
       ``(A) The term `genetically engineered material' means 
     material derived from any part of a genetically engineered 
     organism, without regard to whether the altered molecular or 
     cellular characteristics of the organism are detectable in 
     the material.
       ``(B) The term `genetically engineered organism' means--
       ``(i) an organism that has been altered at the molecular or 
     cellular level by means that are not possible under natural 
     conditions or processes (including recombinant DNA and RNA 
     techniques, cell fusion, microencapsulation, 
     macroencapsulation, gene deletion and doubling, introduction 
     of a foreign gene, and a process that changes the positions 
     of genes), other than a means consisting exclusively of 
     breeding, conjugation, fermentation, hybridization, in vitro 
     fertilization, or tissue culture; and
       ``(ii) an organism made through sexual or asexual 
     reproduction, or both, involving an organism described in 
     subclause (i), if possessing any of the altered molecular or 
     cellular characteristics of the organism so described.
       ``(C) The term `produced with a genetically engineered 
     material', used with respect to a food, means a food if--
       ``(i) the organism from which the food is derived has been 
     injected or otherwise treated with a genetically engineered 
     material (except that the use of manure as a fertilizer for 
     raw agricultural commodities may not be construed to be 
     production with a genetically engineered material);
       ``(ii) the animal from which the food is derived has been 
     fed genetically engineered material; or
       ``(iii) the food contains an ingredient that is a food to 
     which subclause (i) or (ii) applies.''.
       (b) Guaranty.--
       (1) In general.--Section 303(d) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 333(d)) is amended--
       (A) by striking ``(d)'' and inserting ``(d)(1)''; and
       (B) by adding at the end the following paragraph:
       ``(2)(A) No person shall be subject to the penalties of 
     subsection (a)(1) or (h) for a violation of section 301(a), 
     301(b), or 301(c) involving food that is misbranded within 
     the meaning of section 403(t) if such person (referred to in 
     this paragraph as the `recipient') establishes a guaranty or 
     undertaking that--
       ``(i) is signed by, and contains the name and address of, a 
     person residing in the United States from whom the recipient 
     received in good faith the food (including the receipt of 
     seeds to grow raw agricultural commodities); and
       ``(ii) contains a statement to the effect that the food 
     does not contain a genetically engineered material or was not 
     produced with a genetically engineered material.
       ``(B) In the case of a recipient who, with respect to a 
     food, establishes a guaranty or undertaking in accordance 
     with subparagraph (A), the exclusion under such subparagraph 
     from being subject to penalties applies to the recipient 
     without regard to the manner in which the recipient uses the 
     food, including whether the recipient is--
       ``(i) processing the food;
       ``(ii) using the food as an ingredient in a food product;
       ``(iii) repacking the food; or
       ``(iv) growing, raising, or otherwise producing the food.
       ``(C) No person may avoid responsibility or liability for a 
     violation of section 301(a), 301(b), or 301(c) involving food 
     that is misbranded within the meaning of section 403(t) by 
     entering into a contract or other agreement that specifies 
     that another person shall bear such responsibility or 
     liability, except that a recipient may require a guaranty or 
     undertaking as described in this subsection.
       ``(D) In this paragraph, the terms `genetically engineered 
     material' and `produced with a genetically engineered 
     material' have the meanings given the terms in section 
     403(t).''.
       (2) False guaranty.--Section 301(h) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by 
     inserting ``or 303(d)(2)'' before ``, which guaranty or 
     undertaking is false'' the first place it appears.
       (c) Unintended Contamination.--Section 303(d) of the 
     Federal Food, Drug, and Cosmetic Act, as amended by 
     subsection (b)(1), is further amended by adding at the end 
     the following paragraph:
       ``(3)(A) No person shall be subject to the penalties of 
     subsection (a)(1) or (h) for a violation of section 301(a), 
     301(b), or 301(c) involving food that is misbranded within 
     the meaning of section 403(t) if--
       ``(i) such person is an agricultural producer and the 
     violation occurs because food that is grown, raised, or 
     otherwise produced by such producer, which food does not 
     contain a genetically engineered material and was not 
     produced with a genetically engineered material, is 
     contaminated with a food that contains a genetically 
     engineered material or was produced with a genetically 
     engineered material (including contamination by mingling the 
     2 foods); and
       ``(ii) such contamination is not intended by the 
     agricultural producer.
       ``(B) Subparagraph (A) does not apply to an agricultural 
     producer to the extent that the contamination occurs as a 
     result of the negligence of the producer.''.
       (d) Civil Penalties.--Section 303 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding 
     at the end the following subsection:
       ``(h)(1) With respect to a violation of section 301(a), 
     301(b), or 301(c) involving food that is misbranded within 
     the meaning of section 403(t), any person engaging in such a 
     violation shall be liable to the United States for a civil 
     penalty in an amount not to exceed $1,000 for each such 
     violation.
       ``(2) Paragraphs (3) through (5) of subsection (g) apply 
     with respect to a civil penalty assessed under paragraph (1) 
     to the same extent and in the same manner as such paragraphs 
     (3) through (5) apply with respect to a civil penalty 
     assessed under paragraph (1) or (2) of subsection (g).''.

     SEC. 4. GRANTS FOR RESEARCH ON GENETICALLY ENGINEERED FOOD.

       Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 391 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 908. GRANTS FOR RESEARCH ON GENETICALLY ENGINEERED 
                   FOOD.

       ``(a) In General.--The Secretary may make grants to 
     appropriate individuals, organizations, and institutions to 
     conduct research into the public health and environmental 
     risks associated with genetically engineered materials, food 
     that contains a genetically engineered material, and food 
     that is produced with a genetically engineered material, 
     including risks related to--
       ``(1) increased allergenicity;
       ``(2) increased toxicity;
       ``(3) cross-pollination between genetically engineered 
     materials and materials that are not genetically engineered 
     materials; and

[[Page S686]]

       ``(4) interference with the soil ecosystem and other 
     impacts on the ecosystem.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     $5,000,000 for fiscal year 2001 to carry out the objectives 
     of this section.
       ``(2) Availability.--Any sums appropriated under the 
     authorization contained in this subsection shall remain 
     available, without fiscal year limitation, until expended.
       ``(c) Definitions.--The terms `genetically engineered 
     material' and `produced with a genetically engineered 
     material' have the meanings given the terms in section 
     403(t)(3) of the Federal Food, Drug, and Cosmetic Act.''.

     SEC. 5. CONFORMING AMENDMENTS.

       (a) Section 1(n) of Public Law 90-201 is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13) if--
       ``(A) it contains a genetically engineered material, or was 
     produced with a genetically engineered material; and
       ``(B)(i) it does not bear a label or labeling, as 
     appropriate, that provides the notices required under the 
     terms and conditions of section 403(t) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 343(t)); or
       ``(ii) it is the subject of a false guaranty or 
     undertaking,

     subject to the terms and conditions of section 303(d) of that 
     Act (21 U.S.C. 333(d)) and subject to the penalties described 
     in section 303(h) of that Act (21 U.S.C. 333(h)) and remedies 
     available under this Act.''.
       (b) Section 4(h) of Public Law 85-172 is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13) if--
       ``(A) it contains a genetically engineered material, or was 
     produced with a genetically engineered material; and
       ``(B)(i) it does not bear a label or labeling, as 
     appropriate, that provides the notices required under the 
     terms and conditions of section 403(t) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 343(t)); or
       ``(ii) it is the subject of a false guaranty or 
     undertaking,
     subject to the terms and conditions of section 303(d) of that 
     Act (21 U.S.C. 333(d)) and subject to the penalties described 
     in section 303(h) of that Act (21 U.S.C. 333(h)) and remedies 
     available under this Act.''.

     SEC. 6. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect 
     180 days after the date of enactment of this Act.
                                 ______