produced with genetically engineered material if the Sec-
retary has not through such regulations identified a vali-
dated method of testing for such material in the food; or 
(C) genetically engineered material contained in a food if 
the Secretary has not through such regulations identified 
a validated method of testing for such material in the food. 
‘‘(6) For purposes of this paragraph and paragraph 
(z), a food with respect to which a test has been identified 
under subparagraph (5) shall not be considered to contain 
a genetically engineered material if, as indicated by such 
a test— 
‘‘(A) the food does not contain any genetically 
engineered material, or 
‘‘(B) the food contains an adventitious geneti-
cally engineered material and the amount of the ma-
terial in the food is one percent or less, except that 
a lower percentage designated by the Secretary shall 
apply for purposes of this subparagraph if the Sec-
retary determines that a test identified under sub-
paragraph (5) can detect a percentage lower than 
one percent. 
‘‘(aa) If it bears a label indicating (within the mean-
ing of paragraph (z)) that it does not contain a genetically 
engineered material, or that it was not produced with a 
genetically engineered material, unless the label is in ac-
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cordance with regulations promulgated by the Secretary. 
With respect to such regulations: 
‘‘(1) The regulations may not require such a 
label to include any statement indicating that the 
fact that a food does not contain such material, or 
was not produced with such material, has no bearing 
on the safety of the food for human consumption. 
‘‘(2) The regulations may not prohibit such a 
label on the basis that, in the case of the type of 
food involved, there is no version of the food in com-
mercial distribution that does contain a genetically 
engineered material.’’. 
(b) CIVIL PENALTIES.—Section 303 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amend-
ed by adding at the end the following subsection: 
‘‘(h)(1) With respect to 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), any person en-
gaging in such a violation shall be liable to the United 
States for a civil penalty in an amount not to exceed 
$100,000 for each such violation. 
‘‘(2) Paragraphs (5) through (7) of subsection (f) 
apply with respect to a civil penalty under paragraph (1) 
of this subsection to the same extent and in the same man-
ner as such paragraphs (5) through (7) apply with respect 
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to a civil penalty under paragraph (1), (2), (3), (4), or 
(9) of subsection (f).’’. 
(c) GUARANTY.— 
(1) IN GENERAL.—Section 303(d) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 
333(d)) is amended— 
(A) by striking ‘‘(d)’’ and inserting 
‘‘(d)(1)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Subject to subparagraph (C) and section 
403(z)(5), 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) and 403(aa) if such person 
(referred to in this paragraph as the ‘recipient’) estab-
lishes a guaranty or undertaking signed by, and con-
taining the name and address of, the person residing in 
the United States from whom the recipient received in 
good faith the food (including the receipt of seeds to grow 
raw agricultural commodities), to the effect that (within 
the meaning of section 403(z)) the food does not contain 
a genetically engineered material or was not produced with 
a genetically engineered material. 
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