S. 764 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To reauthorize and amend the National Sea Grant College Program Act, and for 

other purposes. 

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. 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 
S. 764—2 

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. 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 
S. 764—3 

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 
S. 764—4 

‘‘(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. 
S. 764—5 

‘‘(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. 

‘‘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 
S. 764—6 

food, such as ‘‘not bioengineered’’, ‘‘non-GMO’’, or another similar 

claim. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.