[Congressional Record Volume 162, Number 40 (Monday, March 14, 2016)]
[Senate]
[Pages S1467-S1469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3450. Mr. McCONNELL (for Mr. Roberts) proposed an amendment to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following.
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NATIONAL VOLUNTARY BIOENGINEERED FOOD LABELING 
                   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 Voluntary Bioengineered Food Labeling 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' has the meaning given the term 
     in section 201 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.

     ``SEC. 292. APPLICABILITY.

       ``This subtitle shall apply to any claim in the labeling of 
     food that indicates, directly or indirectly, that the food is 
     a bioengineered food or bioengineering was used in the 
     development or production of the food, including a claim that 
     a food is or contains an ingredient that was developed or 
     produced using bioengineering.

     ``SEC. 293. ESTABLISHMENT OF NATIONAL VOLUNTARY BIOENGINEERED 
                   FOOD LABELING STANDARD.

       ``(a) Establishment of Standard.--Not later than 1 year 
     after the date of enactment of this subtitle, the Secretary 
     shall--
       ``(1) establish a national voluntary bioengineered food 
     labeling standard with respect to--
       ``(A) any bioengineered food; and
       ``(B) any food that may be bioengineered or may have been 
     produced or developed using bioengineering; and

[[Page S1468]]

       ``(2) establish such requirements and procedures as the 
     Secretary determines necessary to carry out the standard.
       ``(b) Regulations.--
       ``(1) In general.--A food may be labeled as 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 any express or implied claim that a food is 
     or is not safer or of higher quality solely based on whether 
     the food is or is not--
       ``(i) bioengineered; or
       ``(ii) produced or developed with the use of 
     bioengineering;
       ``(B) determine the amounts of a bioengineered substance 
     that may be present in food, as appropriate, in order for the 
     food to be labeled as 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 may be labeled as a 
     bioengineered food; and
       ``(D) require that, if a food is voluntarily labeled under 
     this section through means of scannable images or codes or 
     other similar technologies--
       ``(i) the label clearly indicates to consumers that more 
     information is available about the ingredients of the food; 
     and
       ``(ii) the scannable image, code, or similar technology 
     provides direct access to information regarding whether the 
     food is bioengineered or whether bioengineering was used in 
     the development or production of the food.
       ``(c) 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 
     bioengineered food labeling standard under this section that 
     is not identical to that voluntary standard.
       ``(d) Consistency With Certain Laws.--To the maximum extent 
     practicable, the Secretary shall establish consistency 
     between--
       ``(1) the national voluntary bioengineered food labeling 
     standard established under this section; and
       ``(2) the Organic Foods Production Act of 1990 (7 U.S.C. 
     6501 et seq.).

     ``SEC. 294. RULEMAKING ON SUBSTANTIAL PARTICIPATION.

       ``(a) Definition of Labeled Food.--In this section, the 
     term `labeled food' means food that bears, or to which is 
     attached, any written, printed, or graphic matter, including 
     on the immediate container or on the package of the food.
       ``(b) Rulemaking.--Not later than 1 year after the date of 
     enactment of this subtitle, the Secretary shall promulgate 
     regulations defining the circumstances that constitute 
     substantial participation by labeled foods with voluntary 
     disclosures of whether a food is, is not, or may be 
     bioengineered or whether bioengineering was, was not, or may 
     have been used in the development or production of the food.
       ``(c) Consideration.--In promulgating regulations under 
     subsection (b), the Secretary shall consider--
       ``(1) the percentage of the labeled foods consumed by 
     consumers that disclose whether the food is, is not, or may 
     be bioengineered or whether bioengineering was, was not, or 
     may have been used in the development or production of the 
     food; and
       ``(2) the extent to which there is clear indication in a 
     usual and customary form that information is available for 
     the most frequently consumed labeled foods or direct access 
     to disclosures for the most frequently consumed labeled 
     foods, including through means that are clear and direct 
     other than the label or labeling, such as responses to 
     consumer inquiries through call centers, the Internet, 
     websites, social media, scannable images or codes or other 
     similar technologies that would allow consumers to access the 
     information, or any other means the Secretary considers 
     appropriate for disclosing the bioengineered content of food.
       ``(d) Requirement.--In promulgating regulations under 
     subsection (b), the Secretary shall define the term `most 
     frequently consumed labeled foods'.

     ``SEC. 294A. NATIONAL MANDATORY BIOENGINEERED FOOD LABELING 
                   STANDARD.

       ``(a) Requirement for Establishment of Mandatory 
     Standard.--
       ``(1) In general.--The mandatory standard under subsection 
     (b) shall be established only if the Secretary determines 
     there is not substantial participation as determined in 
     accordance with section 294(b).
       ``(2) Deadline.--The Secretary shall make the determination 
     as described in paragraph (1) not earlier than the date that 
     is 2 years after the date on which the Secretary has 
     promulgated regulations under each of sections 293 and 
     294(b).
       ``(3) Initiation.--If the Secretary determines that there 
     is not at least 70 percent substantial participation as 
     determined in accordance with section 294(b), the Secretary 
     shall promulgate regulations to establish a mandatory 
     standard in accordance with this section.
       ``(b) Establishment of Mandatory Standard.--If the 
     Secretary determines that there is not substantial 
     participation as described in subsection (a), the Secretary 
     shall--
       ``(1) establish a national mandatory bioengineered food 
     labeling standard with respect to--
       ``(A) bioengineered food; and
       ``(B) food that may be bioengineered or may have been 
     produced or developed using bioengineering; and
       ``(2) establish such requirements and procedures as the 
     Secretary determines necessary to carry out the standard.
       ``(c) Regulations.--
       ``(1) In general.--If the Secretary establishes a mandatory 
     standard under subsection (b), a food may be labeled as 
     bioengineered only in accordance with regulations promulgated 
     by the Secretary in accordance with this section.
       ``(2) Requirements.--A regulation promulgated by the 
     Secretary in carrying out this section shall--
       ``(A) prohibit any express or implied claim that a food is 
     or is not safer or of higher quality solely based on whether 
     the food is or is not--
       ``(i) bioengineered; or
       ``(ii) produced or developed with the use of 
     bioengineering;
       ``(B) determine the amounts of a bioengineered substance 
     that may be present in food, as appropriate, in order for the 
     food to be labeled as 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 may be labeled as a 
     bioengineered food;
       ``(D) exclude food served in a restaurant or similar 
     establishment; and
       ``(E) require an appropriate person (as determined by the 
     Secretary) to disclose food that is subject to the mandatory 
     standard either through--
       ``(i) a statement made on the food label or labeling; or
       ``(ii) means other than the label or labeling, including 
     responses to consumer inquiries through call centers, the 
     Internet, websites, social media, scannable images or codes 
     or other similar technologies that would allow consumers to 
     access the information, or any other means the Secretary 
     considers appropriate for disclosing the bioengineered 
     content of food.
       ``(3) Implementation.--The implementation date for 
     regulations promulgated in accordance with this section shall 
     be not earlier than 2 years after the later of--
       ``(A) the date on which the Secretary promulgates the final 
     regulations under this section; or
       ``(B) the date on which the Secretary makes a determination 
     under subsection (a)(1).
       ``(d) 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 
     bioengineered food labeling standard under this section that 
     is not identical to the mandatory labeling requirement under 
     this section.
       ``(e) 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 
     labeling 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 
     before an administrative law judge 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 is labeled as bioengineered or 
     developed or produced using bioengineering.

     ``SEC. 294B. SAVINGS PROVISIONS.

       ``(a) Trade.--This subtitle shall be applied in a manner 
     consistent with United States obligations under international 
     agreements.
       ``(b) Other.--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.).

                 ``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

[[Page S1469]]

     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.''.

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