in any appropriate district court of the United 
States. In such an action, the validity, amount, and 
appropriateness of such penalty shall not be subject 
to review. 
‘‘(g) CITIZEN SUITS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), any person may on his or her behalf com-
mence a civil action in an appropriate district court 
of the United States against—
‘‘(A) a person who is alleged to have en-
gaged in a violation of subsection (b) or (c)(2); 
or 
‘‘(B) the Secretary where there is alleged 
a failure of the Secretary to perform any act or 
duty under subsection (b) or (c)(2) that is not 
discretionary. 
‘‘(2) RELIEF.—In a civil action under para-
graph (1), the district court involved may, as the 
case may be—
‘‘(A) enforce the compliance of a person 
with the applicable provisions referred to sub-
paragraph (A) of such paragraph; or 
‘‘(B) order the Secretary to perform an act 
or duty referred to in subparagraph (B) of such 
paragraph.
‘‘(3) LIMITATIONS.—
‘‘(A) NOTICE TO SECRETARY.—A civil ac-
tion may not be commenced under paragraph 
(1)(A) prior to 60 days after the plaintiff has 
provided to the Secretary notice of the violation 
involved. 
‘‘(B) RELATION
TO
ACTIONS
OF
SEC-
RETARY.—A civil action may not be commenced 
under paragraph (1)(B) if the Secretary has 
commenced and is diligently prosecuting a civil 
or criminal action in a district court of the 
United States to enforce compliance with the 
applicable provisions referred to in paragraph 
(1)(A). 
‘‘(4) RIGHT OF SECRETARY TO INTERVENE.—
In any civil action under paragraph (1), the Sec-
retary, if not a party, may intervene as a matter of 
right. 
‘‘(5) AWARD OF COSTS; FILING OF BOND.—In 
a civil action under paragraph (1), the district court 
involved may award costs of litigation (including rea-
sonable attorney and expert witness fees) to any 
party whenever the court determines such an award 
is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought,
require the filing of a bond or equivalent security in 
accordance with the Federal Rules of Civil Proce-
dure. 
‘‘(6) SAVINGS
PROVISION.—This subsection 
does not restrict any right that a person (or class of 
persons) may have under any statute or common law 
to seek enforcement of the provisions referred to in 
paragraph (1)(A), or to seek any other relief (includ-
ing relief against the Secretary).’’. 
(b) INCLUSION
OF LABELING REQUIREMENTS
IN 
DEFINITION OF MISBRANDED.—Section 1(n) of the Fed-
eral Meat Inspection Act (21 U.S.C. 601(n)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of paragraph 
(11); 
(2) by striking the period at the end of para-
graph (12) and inserting ‘‘; or’’; and 
(3) by adding at the end the following para-
graph: 
‘‘(13) if it fails to bear a label or labeling as re-
quired by section 7A.’’.
SEC. 5. LABELING REGARDING GENETICALLY ENGINEERED 
MATERIAL; 
AMENDMENTS 
TO 
POULTRY 
PRODUCTS INSPECTION ACT. 
(a) REQUIREMENTS.—The Poultry Products Inspec-
tion Act is amended by inserting after section 8 (21 
U.S.C. 457) the following section: 
‘‘SEC. 8A. REQUIREMENTS FOR LABELING REGARDING GE-
NETICALLY ENGINEERED MATERIAL. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘genetically engineered material’ 
means material derived from any part of a geneti-
cally engineered organism, without regard to wheth-
er the altered molecular or cellular characteristics of 
the organism are detectable in the material (and 
without regard to whether the organism is capable 
of use as human food). 
‘‘(2) The term ‘genetically engineered organism’ 
means—
‘‘(A) an organism that has been altered at 
the molecular or cellular level by means that are 
not possible under natural conditions or proc-
esses (including but not limited to recombinant 
DNA and RNA techniques, cell fusion, micro-
encapsulation, macroencapsulation, gene dele-
tion and doubling, introducing a foreign gene, 
and changing the positions of genes), other
than a means consisting exclusively of breeding, 
conjugation, fermentation, hybridization, in 
vitro 
fertilization, 
tissue 
culture, 
or 
mutagenesis; and 
‘‘(B) an organism made through sexual or 
asexual reproduction (or both) involving an or-
ganism described in subparagraph (A), if pos-
sessing any of the altered molecular or cellular 
characteristics of the organism so described. 
‘‘(b) LABELING REQUIREMENT.—
‘‘(1) REQUIRED
LABELING
TO
AVOID
MIS-
BRANDING.—
‘‘(A) INVOLVEMENT OF GENETICALLY EN-
GINEERED
MATERIAL.—For purposes of sec-
tions 4(h) and 9(a), a poultry product is mis-
branded if it—
‘‘(i) contains a genetically engineered 
material or was produced with a geneti-
cally engineered material; and 
‘‘(ii) does not bear a label (or include 
labeling, in the case of a poultry product 
that is not packaged in a container) that 
provides, in a clearly legible and con-
spicuous manner, the notices described in 
subsection (c).
‘‘(B) NO INVOLVEMENT OF GENETICALLY 
ENGINEERED MATERIAL.—For purposes of sec-
tions 4(h) and 9(a), a poultry product is mis-
branded if it bears a label indicating that it 
does not contain a genetically engineered mate-
rial, or that it was not produced with a geneti-
cally engineered material, unless the label is in 
accordance with regulations promulgated by the 
Secretary. With respect to such regulations: 
‘‘(i) The regulations may not require 
such a label to include any statement indi-
cating that the fact that a poultry product 
does not contain such material, or was not 
produced with such material, has no bear-
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 paragraph subparagraphs (A)(i) and (B) of para-
graph (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 
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. 
‘‘(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-
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.—
‘‘(1) IN
GENERAL.—Subject to subsection 
(b)(3)(A) and paragraph (3), an official establish-
ment or other person shall not be considered to have 
violated the requirements of this section with respect 
to the labeling of a poultry product if the official es-
tablishment or other person (referred to in this sub-
section as the ‘recipient’) establishes a guaranty or 
undertaking signed by, and containing the name and 
address of, the person residing in the United States 
from whom the recipient received in good faith the 
poultry product or the poultry from which the poul-