[Congressional Record Volume 162, Number 108 (Wednesday, July 6, 2016)]
[Senate]
[Page S4834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4959. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 4935 proposed by Mr. 
McConnell (for Mr. Roberts) to the bill S. 764, to reauthorize and 
amend the National Sea Grant College Program Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 10, strike line 4 and all that follows 
     through page 13, line 25 and insert the following:
       ``(e) State Food Labeling Standards.--
       ``(1) Labeling standards.--Notwithstanding subsection 
     (b)(1), subject to paragraph (2), a State or political 
     subdivision of a State may establish or continue in effect 
     any requirement relating to the labeling of whether a food, 
     food ingredient, or seed is bioengineered or was developed or 
     produced using bioengineering.
       ``(2) Requirements.--A requirement described in paragraph 
     (1) shall be identical to, or impose a higher standard than, 
     the national bioengineered food disclosure standard under 
     this section, such as by--
       ``(A) the coverage of a food not covered under the 
     standard;
       ``(B) the requirement of the disclosure of information that 
     is not required to be disclosed under the standard;
       ``(C) the requirement of an on-package disclosure;
       ``(D) the establishment of a standard relating to the size, 
     prominence, or design of an on-package disclosure;
       ``(E) the requirement of increased accessability to the 
     electronic or digital disclosure; or
       ``(F) the requirement that a person subject to disclosure 
     requirements establish more stringent procedures or practices 
     for recordkeeping than are required under the 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.
       ``(d) Remedies.--Nothing in this subtitle preempts any 
     remedy created by a State or Federal statutory or common law 
     right.''.
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