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: 
‘‘(g)(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(y) or 403(z), 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 (3) through (5) 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 (3) through (5) apply with respect 
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to a civil penalty under paragraph (1) or (2) 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 
paragraph: 
‘‘(2)(A) Subject to subparagraph (C) and section 
403(y)(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(y) and 403(z) 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(y)) the food does not contain 
a genetically engineered material or was not produced with 
a genetically engineered material. 
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‘‘(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 (g) for a violation of section 301(a), 
301(b), or 301(c) involving the misbranding of food within 
the meaning of section 403(y) or 403(z) if— 
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