tions 4(h) and 9(a), a poultry product is mis-
branded if it— 
‘‘(i) contains a genetically engineered 
material or was produced with a geneti-
cally engineered material; and 
‘‘(ii) does not bear a label (or include 
labeling, in the case of a poultry product 
that is not packaged in a container) that 
provides, in a clearly legible and con-
spicuous manner, the notices described in 
subsection (c). 
‘‘(B) NO INVOLVEMENT OF GENETICALLY 
ENGINEERED MATERIAL.—For purposes of sec-
tions 4(h) and 9(a), a poultry product is mis-
branded if it bears a label indicating that it 
does not contain a genetically engineered mate-
rial, or that it was not produced with a geneti-
cally engineered material, unless the label is in 
accordance with regulations promulgated by the 
Secretary. With respect to such regulations: 
‘‘(i) The regulations may not require 
such a label to include any statement indi-
cating that the fact that a poultry product 
does not contain such material, or was not 
produced with such material, has no bear-
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ing on the safety of the product for human 
consumption. 
‘‘(ii) The regulations may not prohibit 
such a label on the basis that, in the case 
of the type of poultry product involved, 
there is no version of the product in com-
mercial distribution that does contain a ge-
netically engineered material. 
‘‘(2) RULE OF CONSTRUCTION.—For purposes 
of paragraph subparagraphs (A)(i) and (B) of para-
graph (1), a poultry product shall be considered to 
have been produced with a genetically engineered 
material if— 
‘‘(A) the poultry from which the food is de-
rived has been injected or otherwise treated 
with a genetically engineered material; 
‘‘(B) the poultry from which the food is 
derived has been fed genetically engineered ma-
terial; or 
‘‘(C) the food contains an ingredient that 
is a food to which subparagraph (A) or (B) of 
this paragraph applies. 
‘‘(3) TESTING.—For purposes of sections 4(h) 
and 9(a): 
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‘‘(A) In the case of the transfer of poultry 
products from manufacturers or producers to 
distributors, and from distributors to other dis-
tributors or to other persons in the chain of dis-
tribution, including persons who hold poultry 
products for sale to consumers, regulations 
under subparagraphs (A)(i) and (B) of para-
graph (1) shall require periodic testing of poul-
try products by the Secretary for purposes of 
determining the accuracy of labels under such 
subparagraphs. Such regulations shall require 
the use of the best available technology for such 
testing, and shall identify tests that meet such 
requirement. This subparagraph and subpara-
graph (B) of this paragraph do not apply to (i) 
poultry products that are certified and comply 
with the Organic Foods Production Act and its 
implementing regulations; or (ii) poultry prod-
ucts produced with genetically engineered mate-
rial if the Secretary has not through such regu-
lations identified a validated method of testing 
for such material in the food; or (iii) genetically 
engineered material contained in a poultry 
products if the Secretary has not through such 
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