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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 764 Enrolled Bill (ENR)]

        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 
    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 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
            ``(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.
            ``(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 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.
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