regulations identified a validated method of 
testing for such material in the product. 
‘‘(B) A poultry product with respect to 
which a test has been identified under subpara-
graph (A) shall not be considered to contain a 
genetically engineered material for purposes of 
subparagraphs (A)(i) and (B) of paragraph (1) 
if, as indicated by such a test— 
‘‘(i) the product does not contain any 
genetically engineered material; or 
‘‘(ii) the product contains an adven-
titious genetically engineered material and 
the amount of the material in the product 
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’. 
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‘‘(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, 
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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 
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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 
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