‘‘(i) the food does not contain any ge-
netically engineered material; or 
‘‘(ii) the food contains an adventitious 
genetically engineered material and the 
amount of the material in the food is one 
percent or less, except that a lower per-
centage designated by the Secretary shall 
apply for purposes of this subparagraph if 
the Secretary determines that a test identi-
fied under subparagraph (A) can detect a 
percentage lower than one percent. 
‘‘(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 
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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 meat food 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), a packer, processor, or 
other person shall not be considered to have violated 
the requirements of this section with respect to the 
labeling of meat food if the packer, processor, or 
other person (referred to in this subsection as the 
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‘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 meat food or 
the animal from which the meat food was derived, 
or received in good faith food intended to be fed to 
such animal, to the effect that the meat food, or 
such animal, or such food, respectively, does not con-
tain genetically engineered material or was not pro-
duced with a genetically engineered material. 
‘‘(2) SCOPE OF GUARANTY.—In the case of a 
recipient who establishes a guaranty or undertaking 
in accordance with paragraph (1), the exclusion 
under such paragraph from being subject to pen-
alties applies to the recipient without regard to the 
use of the meat food by the recipient (or the use by 
the recipient of the animal from which the meat food 
was derived, or of food intended to be fed to such 
animal), including— 
‘‘(A) processing the meat food; 
‘‘(B) using the meat food as an ingredient 
in another food product; 
‘‘(C) packing or repacking the meat food; 
or 
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‘‘(D) raising the animal from which the 
meat food was derived. 
‘‘(3) TESTING.—In the case of recipients who 
establish guaranties or undertakings in accordance 
with paragraph (1), regulations under subsection 
(b)(3)(A) may exempt the recipients from the re-
quirement under such subsection regarding testing 
of the meat food involved (relating to the accuracy 
of labels regarding genetically engineered material). 
In determining whether to establish such exemp-
tions, the Secretary shall, with respect to the meat 
food involved, take into account the number of times 
the food has been transferred from one recipient to 
another, the number of recipients who took any of 
the actions described in paragraph (2), and such 
other factors as the Secretary determines to be ap-
propriate. 
‘‘(4) FALSE GUARANTY.—It is a violation of 
this Act for a person to give a guaranty or under-
taking in accordance with paragraph (1) that the 
person knows or has reason to know is false. 
‘‘(f) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—The Secretary may assess 
a civil penalty against a person that violates sub-
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