[Congressional Record Volume 162, Number 105 (Wednesday, June 29, 2016)]
[Senate]
[Pages S4734-S4736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4935. 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:
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.).
[[Page S4735]]
``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.
[[Page S4736]]
``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.
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