[114th Congress Public Law 216]
[From the U.S. Government Publishing Office]



[[Page 833]]

             NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD

[[Page 130 STAT. 834]]

Public Law 114-216
114th Congress

                                 An Act


 
To reauthorize and amend the National Sea Grant College Program Act, and 
        for other purposes. <<NOTE: July 29, 2016 -  [S. 764]>> 

    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. <<NOTE: 7 USC 1639.>>  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. <<NOTE: 7 USC 1639a.>>  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

[[Page 130 STAT. 835]]

        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. <<NOTE: 7 USC 1639b.>>  ESTABLISHMENT OF NATIONAL 
                        BIOENGINEERED FOOD DISCLOSURE STANDARD.

    ``(a) <<NOTE: Deadline.>>  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) <<NOTE: Requirements. Procedures.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Implementation date. Time 
                      period.>>  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

[[Page 130 STAT. 836]]

                                number provides access to additional 
                                information; and
                                    ``(II) <<NOTE: Web site.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination. Consultation.>>  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

[[Page 130 STAT. 837]]

                    ``(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.

[[Page 130 STAT. 838]]

                    ``(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. <<NOTE: 7 USC 1639c.>>  SAVINGS PROVISIONS.

    ``(a) <<NOTE: Applicability.>>  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. <<NOTE: 7 USC 1639i.>>  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. <<NOTE: 7 USC 1639j.>>  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. <<NOTE: Claims. 7 USC 6524.>>  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

[[Page 130 STAT. 839]]

food, such as ``not bioengineered'', ``non-GMO'', or another similar 
claim.

    Approved July 29, 2016.

LEGISLATIVE HISTORY--S. 764:
---------------------------------------------------------------------------

SENATE REPORTS: No. 114-90 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    July 28, considered and passed 
                                        Senate.
                                    Sept. 18, considered and passed 
                                        House, amended, pursuant to H. 
                                        Res. 421.
                                                        Vol. 162 (2016):
                                    Mar. 14-16, June 29, July 6, 7, 
                                        Senate considered and concurred 
                                        in House amendment with an 
                                        amendment.
                                    July 14, House concurred in Senate 
                                        amendment.

                                  <all>