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-
try product was derived, or received in good faith
food intended to be fed to poultry, to the effect that
the poultry product, poultry, or such food, respec-
tively, does not contain genetically engineered mate-
rial or was not produced with a genetically engi-
neered 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 poultry product by the recipient (or the
use by the recipient of the poultry from which the
poultry product was derived, or of food intended to
be fed to such poultry), including—
‘‘(A) processing the poultry;
‘‘(B) using the poultry product as an in-
gredient in another food product;
‘‘(C) packing or repacking the poultry
product; or
‘‘(D) raising the poultry from which the
poultry product 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 poultry product involved (relating to the accu-
racy of labels regarding genetically engineered mate-
rial). In determining whether to establish such ex-
emptions, the Secretary shall, with respect to the
poultry product involved, take into account the num-
ber of times the product 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 deter-
mines to be appropriate.
‘‘(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-
section (b) or (c)(2) in an amount not to exceed
$100,000 for each such violation.
‘‘(2) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—A civil penalty under paragraph (1) shall be
assessed by the Secretary by an order made on the
record after opportunity for a hearing provided in
accordance with this subparagraph and section 554
of title 5, United States Code. Before issuing such
an order, the Secretary shall give written notice to
the person to be assessed a civil penalty under such
order of the Secretary’s proposal to issue such order
and provide such person an opportunity for a hear-
ing on the order. In the course of any investigation,
the Secretary may issue subpoenas requiring the at-
tendance and testimony of witnesses and the produc-
tion of evidence that relates to the matter under in-
vestigation.
‘‘(3) CONSIDERATIONS REGARDING AMOUNT OF
PENALTY.—In determining the amount of a civil
penalty under paragraph (1), the Secretary shall
take into account the nature, circumstances, extent,
and gravity of the violation or violations and, with
respect to the violator, ability to pay, effect on abil-
ity to continue to do business, any history of prior
such violations, the degree of culpability, and such
other matters as justice may require.
‘‘(4) CERTAIN
AUTHORITIES.—The Secretary
may compromise, modify, or remit, with or without
conditions, any civil penalty under paragraph (1).
The amount of such penalty, when finally deter-
mined, or the amount agreed upon in compromise,
may be deducted from any sums owing by the
United States to the person charged.
‘‘(5) JUDICIAL REVIEW.—Any person who re-
quested, in accordance with paragraph (2), a hearing
respecting the assessment of a civil penalty under
paragraph (1) and who is aggrieved by an order as-
sessing a civil penalty may file a petition for judicial
review of such order with the United States Court
of Appeals for the District of Columbia Circuit or
for any other circuit in which such person resides or
transacts business. Such a petition may only be filed
within the 60-day period beginning on the date the
order making such assessment was issued.
‘‘(6) FAILURE TO PAY.—If a person fails to pay
an assessment of a civil penalty—
‘‘(A) after the order making the assess-
ment becomes final, and if such person does not
file a petition for judicial review of the order in
accordance with paragraph (5); or
‘‘(B) after a court in an action brought
under paragraph (4) has entered a final judg-
ment in favor of the Secretary;
the Attorney General shall recover the amount as-
sessed (plus interest at currently prevailing rates
from the date of the expiration of the 60-day period
referred to in paragraph (5) or the date of such final
judgment, as the case may be) in an action brought
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
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 4(h) of the Poul-
try Products Inspection Act (21 U.S.C. 453(h)) is
amended—
(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 8A.’’.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take
effect upon the expiration of the 180-day period beginning
on the date of the enactment of this Act.
Æ