ing on the safety of the product for human 
consumption. 
‘‘(ii) The regulations may not prohibit 
such a label on the basis that, in the case 
of the type of poultry product involved, 
there is no version of the product in com-
mercial distribution that does contain a ge-
netically engineered material. 
‘‘(2) RULE OF CONSTRUCTION.—For purposes 
of subparagraphs (A)(i) and (B) of paragraph (1), 
a poultry product shall be considered to have been 
produced with a genetically engineered material if— 
‘‘(A) the poultry from which the food is de-
rived has been injected or otherwise treated 
with a genetically engineered material; 
‘‘(B) the poultry from which the food is 
derived has been fed genetically engineered ma-
terial; or 
‘‘(C) the food contains an ingredient that 
is a food to which subparagraph (A) or (B) of 
this paragraph applies. 
‘‘(3) TESTING.—For purposes of sections 4(h) 
and 9(a): 
‘‘(A) In the case of the transfer of poultry 
products from manufacturers or producers to 
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distributors, and from distributors to other dis-
tributors or to other persons in the chain of dis-
tribution, including persons who hold poultry 
products for sale to consumers, regulations 
under subparagraphs (A)(i) and (B) of para-
graph (1) shall require periodic testing of poul-
try products by the Secretary for purposes of 
determining the accuracy of labels under such 
subparagraphs. Such regulations shall require 
the use of the best available technology for such 
testing, and shall identify tests that meet such 
requirement. This subparagraph and subpara-
graph (B) of this paragraph do not apply to (i) 
poultry products that are certified and comply 
with the Organic Foods Production Act and its 
implementing regulations; or (ii) poultry prod-
ucts produced with genetically engineered mate-
rial if the Secretary has not through such regu-
lations identified a validated method of testing 
for such material in the food; or (iii) genetically 
engineered material contained in a poultry 
products if the Secretary has not through such 
regulations identified a validated method of 
testing for such material in the product. 
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‘‘(B) A poultry product with respect to 
which a test has been identified under subpara-
graph (A) shall not be considered to contain a 
genetically engineered material for purposes of 
subparagraphs (A)(i) and (B) of paragraph (1) 
if, as indicated by such a test— 
‘‘(i) the product does not contain any 
genetically engineered material; or 
‘‘(ii) the product contains an adven-
titious genetically engineered material and 
the amount of the material in the product 
is one percent or less, except that a lower 
percentage designated by the Secretary 
shall apply for purposes of this subpara-
graph if the Secretary determines that a 
test identified under subparagraph (A) can 
detect a percentage lower than one per-
cent. 
‘‘(c) SPECIFICS OF LABEL NOTICES.— 
‘‘(1) REQUIRED NOTICES.—The notices referred 
to in subsection (b)(1)(B) are the following: 
‘‘(A) A notice as follows: ‘GENETICALLY 
ENGINEERED’. 
‘‘(B) A notice as follows: ‘THIS PROD-
UCT CONTAINS A GENETICALLY ENGI-
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NEERED 
MATERIAL, 
OR 
WAS 
PRO-
DUCED WITH A GENETICALLY ENGI-
NEERED MATERIAL’. 
‘‘(2) LOCATION AND SIZE.—(A) The notice re-
quired in paragraph (1)(A) shall immediately pre-
cede the notice required in paragraph (1)(B) and 
shall be not less than twice the size of the notice re-
quired in paragraph (1)(B). 
‘‘(B) The notice required in paragraph (1)(B) 
shall be of the same size as would apply if the notice 
provided nutrition information that is required in 
section 403(q)(1) of the Federal Food, Drug, and 
Cosmetic Act. 
‘‘(d) EXCEPTIONS TO REQUIREMENTS.—Subsection 
(a) does not apply to any poultry product that— 
‘‘(1) is served in restaurants or other establish-
ments in which food is served for immediate human 
consumption; or 
‘‘(2) is processed and prepared primarily in a 
retail establishment, is ready for human consump-
tion, is offered for sale to consumers but not for im-
mediate human consumption in such establishment, 
and is not offered for sale outside such establish-
ment. 
‘‘(e) GUARANTY.— 
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