‘‘(B) In the case of a recipient who with respect to 
a food establishes a guaranty or undertaking in accord-
ance with subparagraph (A), the exclusion under such sub-
paragraph from being subject to penalties applies to the 
recipient without regard to the use of the food by the re-
cipient, including— 
‘‘(i) processing the food, 
‘‘(ii) using the food as an ingredient in a food 
product, 
‘‘(iii) repacking the food, or 
‘‘(iv) growing, raising, or otherwise producing 
the food.’’. 
(2) FALSE GUARANTY.—Section 301(h) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
331(h)) is amended by inserting ‘‘or 303(d)(2)’’ 
after ‘‘303(c)(2)’’. 
(d) UNINTENDED CONTAMINATION.—Section 303(d) 
of the Federal Food, Drug, and Cosmetic Act, as amended 
by subsection (c)(1) of this section, is amended by adding 
at the end the following paragraph: 
‘‘(3)(A) No person shall be subject to the penalties 
of subsection (a)(1) or (h) for a violation of section 301(a), 
301(b), or 301(c) involving the misbranding of food within 
the meaning of section 403(z) or 403(aa) if— 
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‘‘(i) such person is an agricultural producer and 
the violation occurs because food that is grown, 
raised, or otherwise produced by such producer, 
which food does not contain a genetically engineered 
material and was not produced with a genetically en-
gineered material, is contaminated with a food that 
contains a genetically engineered material or was 
produced with a genetically engineered material (in-
cluding contamination by mingling the two), and 
‘‘(ii) such contamination is not intended by the 
agricultural producer. 
‘‘(B) Subparagraph (A) does not apply to an agricul-
tural producer to the extent that the contamination occurs 
as a result of the negligence of the producer.’’. 
(e) CITIZEN SUITS.—Chapter III of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) 
is amended by adding at the end the following section: 
‘‘SEC. 311. CITIZEN SUITS REGARDING MISBRANDING OF 
FOOD WITH RESPECT TO GENETICALLY ENGI-
NEERED MATERIAL. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), any person may on his or her behalf commence a civil 
action in an appropriate district court of the United States 
against— 
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‘‘(1) a person who is alleged to have engaged in 
a violation of section 301(a), 301(b), or 301(c) in-
volving the misbranding of food within the meaning 
of section 403(z) or 403(aa); or 
‘‘(2) the Secretary where there is alleged a fail-
ure of the Secretary to perform any act or duty 
under section 403(z) or 403(aa) that is not discre-
tionary. 
‘‘(b) RELIEF.—In a civil action under subsection (a), 
the district court involved may, as the case may be— 
‘‘(1) enforce the compliance of a person with 
the applicable provisions referred to paragraph (1) 
of such subsection; or 
‘‘(2) order the Secretary to perform an act or 
duty referred to in paragraph (2) of such subsection. 
‘‘(c) LIMITATIONS.— 
‘‘(1) NOTICE
TO
SECRETARY.—A civil action 
may not be commenced under subsection (a)(1) prior 
to 60 days after the plaintiff has provided to the 
Secretary notice of the violation involved. 
‘‘(2) RELATION TO ACTIONS OF SECRETARY.— 
A civil action may not be commenced under sub-
section (a)(2) if the Secretary has commenced and 
is diligently prosecuting a civil or criminal action in 
a district court of the United States to enforce com-
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pliance with the applicable provisions referred to in 
subsection (a)(1). 
‘‘(d) RIGHT OF SECRETARY TO INTERVENE.—In any 
civil action under subsection (a), the Secretary, if not a 
party, may intervene as a matter of right. 
‘‘(e) AWARD OF COSTS; FILING OF BOND.—In a civil 
action under subsection (a), the district court involved 
may award costs of litigation (including reasonable attor-
ney and expert witness fees) to any party whenever the 
court determines such an award is appropriate. The court 
may, if a temporary restraining order or preliminary in-
junction is sought, require the filing of a bond or equiva-
lent security in accordance with the Federal Rules of Civil 
Procedure. 
‘‘(f) SAVINGS PROVISION.—This section does not re-
strict any right that a person (or class of persons) may 
have under any statute or common law to seek enforce-
ment of the provisions referred to subsection (a)(1), or to 
seek any other relief (including relief against the Sec-
retary).’’. 
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