[114th Congress Public Law 216]
[From the U.S. Government Publishing Office]
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NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD
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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
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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
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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
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``(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.
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``(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
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food, such as ``not bioengineered'', ``non-GMO'', or another similar
claim.
Approved July 29, 2016.
LEGISLATIVE HISTORY--S. 764:
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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.
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