(d) RIGHT OF SECRETARY TO INTERVENE.—In any 
civil action under subsection (a)(1), the Secretary, if not 
a party, may intervene as a matter of right. 
(e) AWARD OF COSTS; FILING OF BOND.—In a civil 
action under subsection (a), the district court involved 
may award costs of litigation (including reasonable attor-
ney and expert witness fees) to any party whenever the 
court determines such an award is appropriate. The court 
may, if a temporary restraining order or preliminary in-
junction is sought, require the filing of a bond or equiva-
lent security in accordance with the Federal Rules of Civil 
Procedure. 
(f) SAVINGS PROVISION.—This section does not re-
strict any right that a person (or class of persons) may 
have under any statute or common law to seek enforce-
ment of the provisions of this title, or to seek any other 
relief (including relief against the Secretary or the head 
of another Federal agency). 
SEC. 112. DEFINITIONS. 
In this Act: 
(1) GENETICALLY ENGINEERED ANIMAL.—The 
term ‘‘genetically engineered animal’’ means an ani-
mal that contains a genetically engineered material 
or was produced with a genetically engineered mate-
rial. An animal shall be considered to contain a ge-
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netically engineered material or to have been pro-
duced with a genetically engineered material if the 
animal has been injected or otherwise treated with 
a genetically engineered material or is the offspring 
of an animal that has been so injected or treated. 
(2) GENETICALLY
ENGINEERED
PLANT.—The 
term ‘‘genetically engineered plant’’ means a plant 
that contains a genetically engineered material or 
was produced from a genetically engineered seed. A 
plant shall be considered to contain a genetically en-
gineered material if the plant has been injected or 
otherwise treated with a genetically engineered mate-
rial (except that the use of manure as a fertilizer for 
the plant may not be construed to mean that the 
plant is produced with a genetically engineered ma-
terial). 
(3) GENETICALLY
ENGINEERED
SEED.—The 
term ‘‘genetically engineered seed’’ means a seed 
that contains a genetically engineered material or 
was produced with a genetically engineered material. 
A seed shall be considered to contain a genetically 
engineered material or to have been produced with 
a genetically engineered material if the seed (or the 
plant from which the seed is derived) has been in-
jected or otherwise treated with a genetically engi-
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neered material (except that the use of manure as 
a fertilizer for the plant may not be construed to 
mean that any resulting seeds are produced with a 
genetically engineered material). 
(4) GENETICALLY
ENGINEERED
MATERIAL.— 
The term ‘‘genetically engineered material’’ means 
material that has been altered at the molecular or 
cellular level by means that are not possible under 
natural conditions or processes (including recom-
binant DNA and RNA techniques, cell fusion, micro-
encapsulation, macroencapsulation, gene deletion 
and doubling, introducing a foreign gene, and chang-
ing the positions of genes), other than a means con-
sisting exclusively of breeding, conjugation, fer-
mentation, hybridization, in vitro fertilization, tissue 
culture, or mutagenesis. 
(5) BIOTECH
COMPANY.—The term ‘‘biotech 
company’’ means a person engaged in the business 
of creating genetically engineered material or obtain-
ing the patent rights to that material for the pur-
poses of commercial exploitation of such material. 
The term does not include the employees of such 
person. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
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