‘‘(A) from disclosing voluntarily on the la-
beling of food developed with the use of bio-
engineering the manner in which the food has 
been modified to express traits or characteris-
tics that differ from its comparable marketed 
food (as defined in section 424); or 
‘‘(B) from disclosing in advertisements, on 
the Internet, in response to consumer inquiries, 
or on other communications, other than in the 
labeling, that a food was developed with the use 
of bioengineering. 
‘‘(c) DEFINITION.—The term ‘bioengineered orga-
nism’ means a bioengineered organism, as such term is 
used in section 201(ss).’’. 
SEC. 104. PREEMPTION. 
(a) IN GENERAL.—Section 403A(a) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343–1(a)) is 
amended by adding at the end the following: 
‘‘(7) any requirement for the labeling of food of 
the type described in subsection (a)(1) or (b)(1) of 
section 425 that is not identical to the requirement 
of such section, or’’. 
(b) PROHIBITION
AGAINST
MANDATORY
LABEL-
ING.—Section 403A of the Federal Food, Drug, and Cos-
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metic Act (21 U.S.C. 343–1) is amended by adding at the 
end the following: 
‘‘(c) PROHIBITIONS AGAINST MANDATORY LABELING 
OF FOOD DEVELOPED USING BIOENGINEERING.—Except 
for claims under subsection (a)(1) or (b)(1) of section 425, 
no State or political subdivision of a State may directly 
or indirectly establish under any authority or continue in 
effect as to any food in interstate commerce any require-
ment for the labeling of a food by virtue of its having been 
developed using bioengineering, including any require-
ments for claims that a food is or contains an ingredient 
that was developed using bioengineering.’’. 
TITLE II—NATURAL FOODS 
SEC. 201. LABELING OF NATURAL FOODS. 
Section 403 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 343), as amended by section 103 of this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘(aa)(1) If its labeling contains an express or implied 
claim that the food is ‘natural’ unless the claim is made 
in accordance with subparagraph (2). 
‘‘(2) A claim described in subparagraph (1) may be 
made only if the claim uses terms that have been defined 
by, and the food meets the requirements that have been 
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established in, regulations promulgated to carry out this 
paragraph. 
‘‘(3) Notwithstanding subparagraph (2), prior to the 
finalization of regulations to carry out this paragraph, the 
use of any claim that a food is ‘natural’ shall be allowed 
if consistent with the Secretary’s existing policy for such 
claims. 
‘‘(4) In promulgating regulations to carry out this 
paragraph, the Secretary shall differentiate between food 
for human consumption and food intended for consump-
tion by animals other than humans. 
‘‘(5) For purposes of subparagraph (1), a natural 
claim includes the use of— 
‘‘(A) the terms ‘natural’, ‘100% natural’, ‘natu-
rally grown’, ‘all natural’, and ‘made with natural 
ingredients’; and 
‘‘(B) any other terms specified by the Sec-
retary.’’. 
SEC. 202. REGULATIONS. 
(a) PROPOSED REGULATIONS.—Not later than 12 
months after the date of enactment of this Act, the Sec-
retary of Health and Human Services shall issue proposed 
regulations to implement section 403(aa) of the Federal 
Food, Drug, and Cosmetic Act, as added by section 201 
of this Act. 
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(b) FINAL REGULATIONS.—Not later than 24 months 
after the date of enactment of this Act, the Secretary of 
Health and Human Services shall issue final regulations 
to implement such section 403(aa). 
SEC. 203. PREEMPTION. 
Section 403A(a) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 343–1(a)), as amended by section 
104 of this Act, is further amended by adding at the end 
the following: 
‘‘(8) any requirement for the labeling of food of 
the type required by section 403(aa) that is not 
identical to the requirement of such section.’’. 
SEC. 204. EFFECTIVE DATE. 
The labeling requirements of section 403(aa) of the 
Federal Food, Drug, and Cosmetic Act, as added by sec-
tion 201 of this Act, shall take effect on the effective date 
of final regulations promulgated under section 202(b) of 
this Act. The provisions of section 403A(a)(8) of the Fed-
eral Food, Drug, and Cosmetic Act, as added by section 
203 of this Act, take effect on the date of enactment of 
this Act. 
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TITLE III—NON-BIOENGINEERED 
FOOD CERTIFICATION 
SEC. 301. NON-BIOENGINEERED FOOD CERTIFICATION. 
The Agricultural Marketing Act of 1946 (7 U.S.C. 
1621 et seq.) is amended by adding at the end the fol-
lowing new subtitle: 
‘‘Subtitle E—Non-bioengineered 
Food Certification 
‘‘SEC. 291. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) The term ‘bioengineered organism’ refers 
to an organism if— 
‘‘(A) the organism is a plant (or a seed, a 
fruit, or any other part thereof); 
‘‘(B) the organism contains genetic mate-
rial that has been modified through in vitro re-
combinant deoxyribonucleic acid (DNA) tech-
niques; and 
‘‘(C) the modification could not otherwise 
be obtained using conventional breeding tech-
niques. 
‘‘(2) The term ‘certifying agent’ means any per-
son (including a private entity) who is accredited by 
the Secretary as a certifying agent for the purpose 
of certifying an agricultural product as a product to 
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be labeled to indicate that the product is produced 
without the use of bioengineering. 
‘‘(3) The term ‘comparable marketed food’ 
means with respect to an agricultural product pro-
duced from, containing, or consisting of a plant that 
is a bioengineered organism— 
‘‘(A) the parental variety of the plant; 
‘‘(B) another commonly consumed variety 
of the plant; or 
‘‘(C) a plant variety from which is derived 
a commonly consumed agricultural product with 
properties comparable to the agricultural prod-
uct produced from, containing, or consisting of 
the plant that is a bioengineered organism. 
‘‘(4) The term ‘handle’ means to sell, process or 
package agricultural products. 
‘‘(5) The term ‘producer’ means a person who 
engages in the business of growing or producing ag-
ricultural products. 
‘‘(6) The term ‘Secretary’ means the Secretary 
of Agriculture, acting through the Agricultural Mar-
keting Service. 
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‘‘SEC. 291A. NATIONAL NON-BIOENGINEERED FOOD CER-
TIFICATION PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
non-bioengineered food certification program for agricul-
tural products with respect to the use of bioengineering 
in the production of such products, as provided for in this 
subtitle. The Secretary shall establish the requirements 
and procedures as the Secretary determines are necessary 
to carry out such program. 
‘‘(b) CONSULTATION.—In developing the program 
under subsection (a), the Secretary— 
‘‘(1) may consult with such other parties as are 
necessary to develop such program; and 
‘‘(2) shall coordinate with the Secretary of 
Health and Human Services to ensure that the pro-
gram is consistent with any requirements established 
by the Secretary of Health and Human Services 
under section 425 of the Federal Food, Drug, and 
Cosmetic Act (relating to claims that bioengineering 
was not used in the production of food). 
‘‘(c) CERTIFICATION.—The Secretary shall imple-
ment the program established under subsection (a) 
through certifying agents. Such certifying agents may cer-
tify that agricultural products were produced without the 
use of bioengineering, in accordance with this subtitle. 
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‘‘SEC. 291B. NATIONAL STANDARDS FOR LABELING NON- 
BIOENGINEERED FOOD. 
‘‘(a) IN GENERAL.—To be sold or labeled as an agri-
cultural product produced without the use of bio-
engineering— 
‘‘(1) the agricultural product shall— 
‘‘(A) be subject to supply chain process 
controls that address— 
‘‘(i) the producer planting a seed de-
veloped by means other than through the 
use of bioengineering; 
‘‘(ii) the producer keeping the crop 
separated during growth, harvesting, stor-
age, and transportation; and 
‘‘(iii) persons in direct contact with 
such crop or agricultural products derived 
from such crop during transportation, stor-
age, or processing keeping the agricultural 
product separated from other agricultural 
products derived through bioengineering; 
and 
‘‘(B) be produced and handled in compli-
ance with a non-bioengineered food plan devel-
oped and approved in accordance with sub-
section (c); and 
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‘‘(2) the labeling of such agricultural product 
may not suggest either expressly or by implication 
that agricultural products developed without the use 
of bioengineering are safer than agricultural prod-
ucts produced from, containing, or consisting of a 
bioengineered organism. 
‘‘(b) EXCEPTIONS.—An agricultural product shall not 
be considered as not meeting the criteria specified in sub-
section (a) solely because the agricultural product— 
‘‘(1) is derived from animals that consumed 
feed or a feed ingredient or received a drug or bio-
logical product that— 
‘‘(A) was developed with the use of bio-
engineering; and 
‘‘(B) has been authorized for such use; 
‘‘(2) contains minor amounts of a bioengineered 
organism due to the inadvertent presence of such or-
ganism; 
‘‘(3) is produced with a bioengineered proc-
essing aid, enzyme, or microorganism; or 
‘‘(4) is derived from microorganisms that con-
sumed a nutrient source produced from, containing, 
or consisting of a bioengineered organism. 
‘‘(c) NON-BIOENGINEERED FOOD PLAN.— 
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‘‘(1) IN
GENERAL.—A producer or handler 
seeking certification under this section shall submit 
a non-bioengineered food plan to the certifying agent 
and such plan shall be reviewed by the certifying 
agent who shall determine if such plan meets the re-
quirements of this section. 
‘‘(2) CONTENTS.—A non-bioengineered food 
plan shall contain a description of— 
‘‘(A) the procedures that will be followed 
to assure compliance with this section; 
‘‘(B) a description of the monitoring 
records that will be maintained; and 
‘‘(C) any corrective actions that will be im-
plemented in the event there is a deviation from 
the plan. 
‘‘(3) 
AVAILABILITY.—The 
non-bioengineered 
food plan and the records maintained under the plan 
shall be available for review and copying by the Sec-
retary or a certifying agent.’’. 
SEC. 302. REGULATIONS. 
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary of Agriculture shall issue 
final regulations to carry out the amendments made by 
section 301. 
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SEC. 303. PREEMPTION. 
No State or political subdivision of a State may di-
rectly or indirectly establish under any authority or con-
tinue in effect as to any agricultural product in interstate 
commerce any requirement for the labeling of agricultural 
products of the type described in section 291B of the Agri-
cultural Marketing Act of 1946, as added by section 301, 
that is not identical to the requirement of such section. 
Æ 
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