An original bill to amend the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to establish a national voluntary labeling standard for bioengineered foods, and for other purposes.

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 2 years 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
            ``(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; and
                    ``(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.
    ``(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 for a food that is the subject of 
the bioengineered food labeling standard under this section that is not 
identical to that voluntary standard.

``SEC. 294. INFORMATION FOR CONSUMERS.

    ``(a) Education.--The Secretary, in coordination with other Federal 
agencies as appropriate, shall provide science-based information, 
including any information on the environmental, nutritional, economic, 
and humanitarian benefits of agricultural biotechnology, through 
education, outreach, and promotion to address consumer acceptance of 
agricultural biotechnology.
    ``(b) Mandatory Report; Publication.--Not later than 4 years after 
the date of enactment of this subtitle, the Secretary and the Secretary 
of Health and Human Services shall--
            ``(1) submit to Congress a report on the availability of 
        information regarding whether food is or is not bioengineered 
        or whether bioengineering was or was not used in the 
        development or production of the food, including information 
        provided through--
                    ``(A) any relevant labeling requirements under--
                            ``(i) the Organic Foods Production Act of 
                        1990 (7 U.S.C. 6501 et seq.);
                            ``(ii) the Egg Products Inspection Act (21 
                        U.S.C. 1031 et seq.);
                            ``(iii) the Federal Meat Inspection Act (21 
                        U.S.C. 601 et seq.);
                            ``(iv) the Poultry Products Inspection Act 
                        (21 U.S.C. 451 et seq.); and
                            ``(v) other relevant Federal authorities;
                    ``(B) process verified programs; and
                    ``(C) other voluntary programs or claims relating 
                to a food that are not required by Federal law or 
                approved by a Federal program; and
            ``(2) make the report publicly available.

                 ``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.''.
                                                       

Summary: This bill amends the Agricultural Marketing Act of 1946 to require the Department of Agriculture (USDA) to establish a national voluntary bioengineered food labeling standard. The standard applies to food that either contains or was developed or produced using genetic material that: (1) has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques, and (2) could not otherwise be obtained through conventional breeding or found in nature. USDA regulations implementing this bill must: prohibit claims regarding the safety or quality of food based on whether or not the food is bioengineered, determine the amounts of a bioengineered substance that may be present for a food to be labeled as bioengineered, and establish a process for requesting and granting determinations regarding other factors and conditions under which a food may be labeled as bioengineered. USDA must provide science-based information through education, outreach, and promotion to address consumer acceptance of agricultural biotechnology. USDA and the Department of Health and Human Services must report to Congress regarding the availability of information for determining whether food is bioengineered or bioengineering was used in the development or production process. The labeling standard established by this bill preempts state and local laws regarding the labeling of bioengineered or genetically engineered food or seeds.